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U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  ENTOMOUHIY. — BULLETIN  Hu  61. 


THE  LAWS  IN  FORCE  AGAINST  INJURIOUS 
INSECTS  AND  FOUL  BROOD  IN 
THE  UNITED  STATES. 


COMPILED  BY 

Ij.  O.  HOWARD,  Ph.  ID., 

Entomologist  and  Chief  of  Bureau, 

AND 

A.  F.  BUROESS, 

Secretary  of  the  American  Association  of  Horticultural  Inspectors. 


GOVERNMENT  PRINTING  OFFICE. 

1906. 


Issued  Novembeb  5, 1906. 


WASHINGTON: 


BUREAU  OF  ENTOMOLOGY. 


L.  O.  Howard,  Entomologist  and  Chief  of  Bureau. 

C.  L.  Marlatt,  Entomologist  and  Acting  Chief  in  absence  of  Chief. 

R.  S.  Clifton,  Chief  Clerk. 

F.  H.  Chittenden,  in  charge  of  breeding  experiments. 

A.  D.  Hopkins,  in  charge  of  forest  insect  investigations. 

W.  D.  Hunter,  in  charge  of  cotton  boll  weevil  investigations. 

F.  M.  Webster,  in  charge  of  cereal  and  forage-plant  insect  investigations. 

A.  L.  Quaintance,  in  charge  of  deciduous-fruit  insect  investigations. 

Frank  Benton,  in  charge  of  apicultural  investigations. 

D.  M.  Rogers,  in  charge  of  gipsy  and  brown-tail  moth  work. 

A.  W.  Morrill,  engaged  in  white  fly  investigations. 

E.  A.  Schwarz,  D.  W.  Coquillett,  Th.  Pergande,  Nathan  Banks,  Assistant 
Entomologists. 

E.  S.  G.  Titus,  August  Busck,  Otto  Heidemann,  R.  P.  Currie,  J.  G.  Sanders, 
A.  N.  Caudell,  F.  D.  Couden,  E.  R.  Sasscer,  J.  H.  Beattie,  I.  J.  Condit, 
Assistants. 

Lillian  L.  Howenstein,  Frederick  Ivnab,  Artists. 

Mabel  Colcord,  Librarian. 

H.  E.  Burke,  W.  F.  Fiske,  J.  L.  Webb,  J.  F.  Strauss,  engaged  in  forest  insect 
investigations. 

W.  E.  Hinds,  J.  C.  Crawford,  W.  A.  Hooker,  W.  W.  Yothers,  A.  C.  Morgan, 
W.  D.  Pierce,  F.  C.  Bishopp*  C.  R.  Jones,  F.  C.  Pratt,  C.  E.  Sanborn.  J.  D. 
Mitchell,  Wilmon  Newell,  J B.  Garrett,  C.  W.  Flynn,  A.  W.  Buckner, 
R.  A.  Cushman,  W.  H.  Gilson,  engaged  in  cotton  boll  weevil  investigations. 

G.  I.  Reeves,  W.  J.  Phillips,  C.  N.  Ainslie,  engaged  in  cereal  and  forage-plant 
insect  investigations. 

Fred  Johnson,  A.  A.  Girault,  Dudley  Moulton,  engaged  in  deciduous-fruit 
insect  investigations. 

E.  F.  Phillips,  J.  M.  Rankin,  engaged  in  apicultural  investigations. 

C.  J.  Gilliss,  T.  A.  Keleher,  W.  A.  Keleher,  engaged  in  silk  investigations. 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  ENTOMOLOGY— BULLETIN  No.  61. 


THE  LAWS  IN  FORCE  AGAINST  INJURIOUS 
INSECTS  AND  FOUL  BROOD  IN 
THE  UNITED  STATES. 


COMPILED  BY 

L.  O.  HOAVARD,  Ph.  33., 

Entomologist  and  Chief  of  Bureau , 

AND 

A.  F.  BURG-ESS, 

Secretary  of  the  American  Association  of  Horticultural  Inspectors. 


Issued  November  5, 1906. 


WASHINGTON: 

GOVERNMENT  PRINTING  OFFICE. 

1906. 


LETTER  OF  TRANSMITTAL. 


U.  S.  Department  of  Agriculture, 

Bureau  of  Entomology, 
Washington,  D.  C.,  August  SO,  1906 . 

Sir:  I have  the  honor  to  submit  for  publication  a compilation  of 
the  laws  and  regulations  now  in  force  against  injurious  insects  in  the 
different  States  and  Territories  of  the  Union,  for  the  information  of 
persons  engaged  in  the  trade  of  living  plants,  and  of  horticultural 
and  agricultural  associations.  To  the  compilation  p roper  is  added 
a brief  account  of  the  preliminary  and  annual  meetings  of  the  Ameri- 
can Association  of  Horticultural  Inspectors  from  1897  to  1905.  I 
recommend  that  it  be  published  as  Bulletin  No.  61  of  the  Bureau  of 
Entomology. 

Respectfully,  L.  O.  Howard, 

Entomologist  and  Chief  of  Bureau. 

Hon.  James  Wilson, 

Secretary  of  Agriculture. 

8 


1 i 97850 


PREFACE. 


In  1895  a bulletin  of  this  same  general  character  was  published 
under  the  title  of  Bulletin  No.  33  of  the  Division  of  Entomology.  At 
that  time  the  recently  discovered  occurrence  of  the  San  Jose  scale  in 
the  East  had  already  induced  vigorous  discussion  at  agricultural  and 
norticultural  societies  and  conventions  on  the  desirability  of  State 
legislation  in  this  direction.  The  bulletin  in  question  was  of  service 
as  indicating  the  desirable  provisions  of  such  laws  and  their  proper 
form.  In  1898  another  bulletin  covering  the  same  ground  was  pub- 
lished under  the  serial  number  13,  new  series,  of  the  Division  of 
Entomology.  The  publication  of  this  new  bulletin  was  necessitated 
by  the  enactment  of  new  laws  and  the  very  active  interest  in  the  sub- 
ject on  the  part  of  several  States.  Since  1898  other  States  have  en- 
acted laws,  and  the  laws  already  in  existence  have  been  amended. 
The  Chief  of  the  Bureau  had  in  mind  the  publication  of  still  another 
bulletin  bringing  the  subject  down  to  date,  and  had  begun  its  prepa- 
ration. At  a meeting  of  the  American  Association  of  Horticultural 
Inspectors,  held  in  Washington,  D.  C.,  in  November,  1905,  a resolu- 
tion was  adopted  asking  the  Department  of  Agriculture  to  prepare 
the  compilation  here  submitted.  The  delay  in  the  collection  and 
arrangement  of  the  laws  has  been  necessitated  by  the  lengthy  corre- 
spondence involved,  but  to  avoid  the  consequences  of  delay,  on  July 
5 a brief  summary  was  prepared  by  Mr.  A.  F.  Burgess,  secretary  of 
the  American  Association  of  Horticultural  Inspectors,  and  published 
under  his  authorship  as  Circular  No.  75  of  the  Bureau  of  Entomology. 
In  preparing  the  following  compilation  the  writer  has  been  greatly 
assisted  by  Mr.  W.  F.  Tastet,  of  the  Bureau  force. 


L.  O.  H. 

5 


CONTENTS. 


State  and  Territorial  Laws  Against  Injurious  Insects: 

Alabama  

Arizona  

Arkansas  

California  

Colorado  

Connecticut  

Delaware  

Florida  

Georgia  

Hawaii 

Idaho  

Illinois  

Indiana  

Iowa  

Kansas  

Kentucky  

Louisiana  

Maine  

Maryland  

Massachusetts  

Michigan  

Minnesota  

Mississippi  

Missouri  

Montana  

Nebraska  

Nevada  

New  Hampshire 

New  Jersey 

New  Mexico 

New  York 

North  Carolina 

North  Dakota 

Ohio  

Oklahoma  

Oregon  

Pennsylvania  

Porto  Rico 

Rhode  Island 

South  Carolina 

South  Dakota 

Tennessee  


Paeje. 

9 

12 

13 

13 


26 

31 

31 

39 

43 

47 

49 

51 

53 

53 

55 

60 

62 

66 

71 

76 

79 

80 
83 
90 
90 

92 

93 
98 

101 

103 

109 

110 
114 
119 
126 
128 

130 

131 
134 
136 


7 


8 CONTENTS. 

State  and  Territorial  Laws  Against  Injurious  Insects — Continued.  Page. 

Texas  141 

Utah  147 

Vermont  153 

Virginia  153 

Washington  161 

West  Virginia 168 

Wisconsin  171 

Wyoming  173 

Summary  of  Requirements  to  be  Complied  with  by  Nurserymen  or 

Others  Who  Make  Interstate  Shipments  of  Nursery  Stock 179 

State  and  Territorial  Laws  Relative  to  Foul  Brood  : 

California  184 

Colorado  186 

Idaho  188 

Michigan  190 

Nebraska  191 

New  Mexico 192 

New  York 193 

Ohio  194 

Texas  197 

Utah  198 

Washington  198 

Wisconsin  200 

Reports  of  the  Preliminary  and  Annual  Meetings  of  the  American 
Association  of  Horticultural  Inspectors,  1897-1905 : 

Preliminary  meetings  in  Chicago 201 

First  annual  meeting 206 

Second  annual  meeting 209 

Third  annual  meeting 214 

Fourth  annual  meeting 216 

Index  221 


THE  LAWS  IN  FORCE  AGAINST  INJURIOUS  INSECTS  AND  FOUL 
BROOD  IN  THE  UNITED  STATES. 


STATE  AND  TERRITORIAL  LAWS  AGAINST  INJURIOUS  INSECTS. 


ALABAMA. 

No.  559. 

An  Act  to  prevent  and  prohibit  the  importation  of  seed  from  cotton  affected  with  Texas 

boll  weevil. 

Section  1.  Be  it  enacted  by  the  legislature  of  Alabama,  That  no  person  shall 
import  or  bring  into  the  State  of  Alabama  any  seed  from  cotton  affected  with 
what  is  known  as  the  Texas  boll  weevil,  nor  the  seed  from  any  place  where 
the  cotton  has  been  affected  with  said  boll  weevil. 

Sec.  2.  Any  person  who  violates  the  provisions  of  section  1 of  this  act  shall 
be  guilty  of  a misdemeanor,  and,  on  conviction,  shall  be  fined  not  less  than  ten 
dollars  ($10.00)  and  not  more  than  five  hundred  dollars  ($500.00). 

Approved  Oct.  6,  1903. 

No.  121.  Code  of  1903. 

An  Act  to  further  protect  horticulture,  fruit  growing,  and  truck  gardening,  and  to 
exclude  crop  pests  of  all  kinds  in  the  State  of  Alabama. 

Section  1.  Be  it  enacted  by  the  legislature  of  Alabama,  That  from  and  after 
the  passage  of  this  act  the  commissioner  of  agriculture  and  industries  of  the 
State  of  Alabama,  the  president  of  the  Alabama  State  Horticultural  Society, 
and  the  director  of  the  experiment  station  of  the  Alabama  Polytechnic  Institute 
shall,  ex  officio,  constitute  a board  to  be  known  as  the  State  board  of  horticul- 
ture, of  which  the  commissioner  of  agriculture  and  industries  shall  be  chairman, 
which  board  shall  have  full  power  to  enact  such  rules  and  regulations  governing 
the  examination,  certification,  sale,  transportation,  and  introduction  of  trees, 
shrubs,  cuttings,  buds,  vines,  bulbs,  and  roots  as  they  may  deem  necessary  to 
prevent  the  further  introduction,  increase,  and  dissemination  of  insect  pests 
and  plant  diseases. 

Sec.  2.  That  the  professor  of  horticulture  of  the  Alabama  Polytechnic  Insti- 
tute shall  act  as  State  horticulturist  and  as  secretary  of  said  board  of  horticul- 
ture under  the  provisions  of  this  act,  and  it  shall  be  the  duty  of  the  said  board 
to  promulgate  rules  and  regulations  in  accordance  with  this  act  for  the  govern- 
ment of  the  said  State  horticulturist  in  the  duties  devolving  upon  him  in  execu- 
tion of  the  provisions  of  this  act. 

Sec.  3.  There  is  hereby  annually  appropriated  the  sum  of  ($1,500)  fifteen  hun- 
dred dollars,  to  be  disbursed  under  the  direction  of  the  board  of  trustees  of  the 
Alabama  Polytechnic  Institute  for  the  purpose  of  defraying  the  expense  in  the 
execution  of  this  act. 

Sec.  4.  The  State  horticulturist  or  a deputy  duly  authorized  by  the  board  of 

9 


10 


LAWS  AGAINST  INJURIOUS  INSECTS. 


horticulture  shall  have  power  under  the  regulations  of  the  hoard  of  horticul- 
ture to  visit  any  section  of  the  State  where  such  pests  are  supposed  to  exist, 
and  to  determine  whether  any  infested  trees  or  plants  are  worthy  of  remedial 
treatment  or  shall  be  destroyed,  and  he  shall  immediately  report  his  findings 
in  writing,  giving  reasons  therefor,  to  the  owner  of  the  infested  plantation,  his 
agents,  or  tenant,  and  a copy  of  each  report  shall  also  be  submitted  to  the 
said  board.  In  case  of  objections  to  the  findings  of  the  State  horticulturist,  or 
his  deputy,  an  appeal  shall  be  made  to  the  said  board,  who  shall  have  power 
to  summon  witnesses  and  hear  testimony  on  oath,  and  whose  decision  shall  be 
final.  An  appeal  shall  be  taken  within  ten  days  and  shall  act  as  a stay  of  pro- 
ceedings until  it  is  heard  and  decided. 

Sec.  5.  Upon  the  findings  of  the  State  horticulturist  or  his  deputy  in  any 
case  of  infested  trees  or  plants,  the  treatment  prescribed  by  him  shall  be  exe- 
cuted at  once  (unless  an  appeal  is  taken),  under  his  supervision.  The  cost  of 
material  and  labor  shall  be  borne  by  the  owner : Provided,  however , That  in  case 
the  trees  or  plants  shall  be  condemned  they  shall  be  destroyed  by  the  State 
horticulturist,  and  the  expense  of  such  action  shall  be  borne  by  the  owner.  No 
compensation  shall  be  allowed  for  any  plants  that  shall  be  destroyed. 

Sec.  6.  In  case  any  person  or  persons  refuse  to  execute  the  direction  of  the 
State  horticulturist  or  of  the  said  board  upon  an  appeal,  a justice  of  the  peace  or 
probate  judge  of  the  county  shall,  upon  complaint  filed  by  the  State  horticul- 
turist or  any  freeholder,  cite  the  person  or  persons  to  appear  before  him  within 
ten  days  after  notice  being  served,  and  that  the  said  judge,  upon  satisfactory 
evidence,  shall  cause  the  prescribed  treatment  to  be  executed,  and  the  expense 
thereof  and  cost  of  court  shall  be  collected  from  the  owner  or  owners  of 
infested  plants. 

Sec.  7.  It  shall  be  unlawful  to  offer  for  sale,  sell,  give  away,  or  transport  per- 
ennial plants,  scions,  buds,  trees,  shrubs,  vines,  or  other  plants,  tubers,  roots, 
cuttings,  bulbs,  known  to  be  infested  with  dangerously  injurious  insects  or  plant 
diseases.  Any  person  or  persons  violating  this  section  shall,  upon  conviction,  be 
fined  not  less  than  ten  nor  more  than  one  hundred  dollars  for  each  separate 
offense. 

Sec.  8.  The  said  board  of  horticulture,  its  agents,  or  employes,  are  hereby 
empowered  with  authority  to  enter  upon  any  premises  in  discharge  of  the  duties 
herein  described.  Any  person  or  persons  who  shall  obstruct  or  hinder  them  or 
their  agents  in  the  discharge  of  these  duties  shall  be  deemed  guilty  of  a misde- 
meanor, and,  upon  conviction  therefor,  shall  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

Sec.  9.  The  board  shall  have  the  power  also  to  adopt  rules  and  regulations, 
not  inconsistent  with  the  laws  and  constitution  of  this  State  and  the  United 
States,  for  preventing  the  introduction  of  dangerously  injurious  crop  pests  of  all 
kinds  from  without  the  State  or  regarding  the  dissemination  of  crop  pests  within 
the  State,  and  for  the  governing  of  common  carriers  in  transporting  plants  liable 
to  harbor  such  pests,  to  and  from  and  within  the  State,  and  such  regulations 
shall  have  the  force  of  laws. 

Sec.  10.  Be  it  further  enacted , That  the  members  of  said  board,  any  two  of 
whom  shall  constitute  a quorum,  in  the  absence  of  the  third,  shall,  within  thirty 
days  of  the  passage  of  this  act,  and  from  time  to  time,  draw  up  and  promulgate 
through  the  press  of  the  State  the  rules  and  regulations  necessary  to  carry  into 
full  and  complete  effect  the  provisions  of  this  act,  carefully  defining  what 
diseases  or  maladies,  both  insect  and  fungus,  shall  constitute  infectation  in  trees 
or  plants  within  the  meaning  and  purview  thereof. 

Sec.  11.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation  to  sell,  give 
away,  or  ship  within  the  State  of  Alabama  any  trees  or  shrubs  or  any  other 


ALABAMA. 


11 


plants  commonly  known  as  nursery  stock,  without  having  a certificate  of  guar- 
antee of  the  State  horticulturist  of  Alabama.  A copy  of  such  certificate  of  guar- 
antee must  accompany  each  box  or  package  sold,  given  away,  or  shipped.  Such 
certificate  must  be  dated  within  twelve  months.  If  upon  examination  such  stock 
is  found  to  conform  to  the  requirements  of  the  said  board  of  horticulture,  the 
State  horticulturist  must  furnish  a certificate  to  that  effect.  Any  person  or  per- 
sons selling,  giving  away,  or  shipping  nursery  stock  without  the  certificate  of  the 
State  horticulturist  shall  be  fined  not  less  than  fifty  nor  more  than  one  hundred 
dollars. 

Sec.  12.  Each  and  every  person,  firm,  or  corporation  residing  and  doing  busi- 
ness outside  of  the  State  of  Alabama,  dealing  in  or  handling  trees,  shrubs,  or 
other  plants  commonly  known  as  nursery  stock,  shall  file  a copy  of  his  or  its 
certificate  of  his  or  its  inspection  furnished  by  the  State  horticulturist,  nursery 
inspector,  or  other  duly  authorized  official  of  his  or  its  State  or  county  with  the 
secretary  of  the  board  of  horticulture.  Upon  the  filing  of  this  certificate  as 
above  prescribed,  and  upon  request  of  the  person,  firm,  or  corporation,  a certi- 
ficate will  be  issued  to  the  same,  and  official  tags  bearing  copy  of  such  certificate 
and  seal  of  the  board  will  be  furnished  the  same  at  cost : Provided , however, 
That  the  aforesaid  certificate  of  inspection  shall  be  adjudged  satisfactory  by 
the  board.  Each  box,  bundle,  or  package  of  nursery  stock  shipped  into  Ala- 
bama by  any  person,  firm,  or  corporation  shall  bear  one  of  these  tags,  and  ship- 
ments of  stock  not  thus  tagged  shall  be  liable  to  confiscation  by  the  board  of 
horticulture  through  its  agents  or  employes. 

Sec.  13.  No  transportation  company  or  common  carrier  shall  deliver  any  box, 
bundle,  or  package  of  trees,  shrubs,  or  plants  commonly  known  as  nursery  stock 
to  any  consignee  residing  within  the  State  of  Alabama  when  said  box,  bundle, 
or  package  does  not  bear  the  official  tag  or  certificate  of  guarantee  issued  by  the 
State  horticulturist  without  previously  notifying  the  State  horticulturist  of  the 
particulars  of  the  shipment  as  they  may  be  required  by  the  board,  nor  without 
duly  warning  the  consignee  of  his  risk  in  accepting  said  shipment.  Failure  on 
the  part  of  any  transportation  company  or  common  carrier  to  conform  to  these 
requirements  shall  be  deemed  a misdemeanor,  and  shall  be  punishable  in  each 
instance  by  a fine  of  not  less  than  ten  nor  more  than  fifty  dollars : Provided, 
That  no  common  carrier  shall  be  liable  for  damages  to  the  consignee  or  con- 
signor for  refusing  to  receive,  transport,  or  deliver  such  trees,  packages,  or  boxes, 
when  not  accompanied  by  the  tag  or  certificate  herein  provided. 

Sec.  14.  Any  person,  firm,  or  corporation  receiving  from  any  other  firm,  or 
corporation,  any  box,  bundle,  or  package  of  trees,  shrubs,  or  plants  commonly 
known  as  nursery  stock,  which  is  not  accompanied  by  a certificate  of  guarantee, 
or  official  tag  issued  by  the  State  horticulturist  to  cover  said  stock,  shall  be 
deemed  guilty  of  a misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars. 

Sec.  15.  It  shall  be  the  duty  of  the  State  horticulturist  to  make  a quarterly 
report  of  his  work,  and  of  the  expenditures  under  this  act  to  the  board  of 
horticulture,  and  said  board  shall  report  annually  to  the  governor  of  the  State. 

Approved  March  5,  1903. 


The  board  of  horticulture  met  at  Auburn,  March  20,  1903,  and  in  accordance 
with  section  10  of  the  above  act,  the  following  insects  and  fungous  diseases  were 
considered  dangerous  and  to  constitute  infestation  in  trees  and  plants : 

(1)  San  Jose  scale  ( Aspidiotus  perniciosus) . 

(2)  The  new  peach  scale  ( Diaspis  amygdali). 


12 


LAWS  AGAINST  INJURIOUS  INSECTS. 


When  found  in  a nursery  all  infested  stock  to  be  burned.  If  San  Jose  scale 
is  found  in  the  immediate  neighborhood,  all  stock  must  be  fumigated  or  certifi- 
cate will  be  withheld. 

(3)  Black  knot  ( Plowrightia  morbosa). 

(4)  Crown  gall  ( Dendrophagns  globosus). 

When  found  in  a nursery  all  diseased  stock  to  be  destroyed,  otherwise  stock 
may  be  shipped. 

(5)  Peach  yellows. 

(6)  Peach  and  plum  rosette. 

All  infested  trees  and  nursery  stock  to  be  destroyed. 

(7)  Wooly  aphis  (Schizoneura  ianigera). 

All  badly  diseased  stock  to  be  destroyed.  Other  stock  to  be  fumigated  or 
treated  with  kerosene  emulsion. 

The  following  rules  and  regulations  were  adopted : 

Rules  and  Regulations. 

Rule  1.  The  State  horticulturist  is  hereby  charged  with  the  enforcement  of 
this  act,  and  is  directed  to  locate  by  personal  visits,  by  correspondence,  or  in 
such  other  manner  as  he  may  deem  best,  to  locate  the  above-named  pests,  so  far 
as  they  exist  in  this  State,  and  to  take  such  action,  in  accordance  with  the  above 
act,  as  he  may  deem  necessary  to  control  or  eradicate  the  same. 

Rule  2.  The  State  horticulturist  shall  have  power  to  require  all  nursery 
stock  sold  within  the  State  of  Alabama  to  be  treated  with  hydrocyanic-acid  gas, 
when  in  his  judgment  the  presence  of  any  pest  requires  it,  for  the  better  pro- 
tection of  the  interests  of  the  citizens  of  the  State.  Upon  the  failure  of  any  indi- 
vidual, firm,  or  corporation  to  comply  with  this,  the  State  horticulturist  is  hereby 
authorized  to  withhold  his  certificate. 

Rule  3.  All  certificates  of  examination  shall  expire  prior  to  July  15  of  the 
year  after  date  of  issue. 

Rule  4.  All  nurseries  are  to  be  examined  between  July  15  and  November  15 
of  each  year. 

Rule  5.  Definition  of  “ nursery  stocic” — In  addition  to  fruit  trees,  the  follow- 
ing, if  offered  for  sale,  are  classed  as  nursery  stock,  and  are  subject  to  the  regu- 
lations governing  the  examination  and  transportation  of  the  same : Strawberry 
plants,  vines,  ornamental  trees,  and  shrubs. 

Rule  G.  All  appeals  from  the  decisions  of  the  State  horticulturist  should  be 
addressed  to  the  chairman  of  the  board  of  horticulture,  at  the  capitol,  Montgom- 
ery, Ala. 

Rule  7.  All  communications  relative  to  the  examination  of  orchards  and 
nurseries  should  be  addressed  to  the  State  horticulturist,  Auburn,  Ala. 

Rule  8.  A deputy  duly  authorized  by  the  board  of  horticulture  shall  have  the 
same  power  and  authority  as  the  State  horticulturist  in  carrying  out  the  provi- 
sions of  this  act  under  the  direction  of  the  State  horticulturist. 


ARIZONA. 

“ Entomologically  lawless,”  on  authority  of  Prof.  R.  H.  Forbes,  Tucson,  Ariz. 


CALIFORNIA. 


13 


ARKANSAS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Arkansas: 

Section  1.  Whenever  any  trees,  vines,  bushes,  scions,  cuttings,  buds,  or  any 
nursery  stock  are  shipped  into  this  State  from  another  State,  county,  or  province, 
every  package  or  quantity  thereof  shall  be  plainly  labeled  on  the  outside  with 
the  name  and  address  of  the  consignor,  the  name  and  address  of  the  consignee, 
the  contents,  and  a certificate  showing  that  the  contents  have  been  inspected  by 
a State  or  experiment  station  entomologist  of  the  State  from  which  the  shipment 
was  made ; that  the  trees,  vines,  bushes,  scions,  cuttings,  buds,  or  other  nursery 
stock  therein  contained  are  free  from  San  Jose  scale,  peach  yellows,  rosette,  or 
other  dangerously  injurious  insects,  or  contagious  or  infectious  fungoid  or  other 
diseases,  and  whenever  any  trees,  vines,  bushes,  scions,  buds,  cuttings,  or  other 
nursery  stock  is  shipped  into  the  State  without  such  certificate  plainly  fixed  on 
the  outside  of  the  package,  box,  or  car  containing  the  same,  the  fact  must  be 
reported  to  the  consignor  by  the  railway  company  or  express  company,  or  other 
person  or  persons,  corporations,  or  companies  carrying  the  same,  and  said  pack- 
age, box,  or  car,  or  quantity  thereof  shall  not  be  delivered  to  the  consignee  until 
the  same  shall  bear  the  aforesaid  certificate ; and  any  railroad  company,  steam- 
boat company,  or  express  company,  person  or  persons,  corporation  or  company 
who  shall  violate  or  evade  the  provisions  of  this  section,  or  offer  any  hindrance 
to  the  carrying  out  of  this  act,  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars,  and  such  fine  shall  go  into  the  gen- 
eral school  fund  of  the  State  of  Arkansas. 

Sec.  2.  That  the  entomologist  of  the  experiment  station  of  the  university  at 
Fayetteville  be,  and  he  is-  hereby,  made  the  State  inspector  for  the  State  of 
Arkansas,  and  he  shall,  when  requested  to  do  so  by  owners  of  nursery  stock 
grown  in  this  State,  such  as  described  in  section  one  of  this  act,  visit  and 
inspect  said  nursery,  and  if  found  to  be  free  from  all  insects,  contagious  or 
infectious  fungoids  or  other  diseases,  he  shall  issue  certificates  of  inspection  in 
accordance  herewith ; said  inspector  shall  receive  as  fees  for  said  inspection  five 
dollars  for  each  fifty  acres  or  fraction  thereof,  and  all  traveling  expenses  to  be 
paid  by  those  having  the  stock  inspected,  it  being  the  intention  of  this  act  to 
provide  an  inspection  of  nursery  stock  grown  in  the  State  of  Arkansas,  so  that 
the  same  may  be  inspected  so  as  to  enable  them  to  ship  to  other  States,  and  this 
act  is  to  conform  to  other  State  laws. 

Sec.  3.  This  act  to  take  effect  from  and  after  its  passage ; all  laws  and  parts 
of  laws  in  conflict  herewith  are  hereby  repealed. 

Approved  May  20,  1903. 


CARIFOROTA. 

State  Commission  of  Horticulture. 

An  Act  to  create  a State  commission  of  horticulture. 

[Approved  March  25,  1903.  Amended  March  20,  1905.] 

The  people  of  the  State  of  California,  represented  in  senate  and  assembly,  do 
enact  as  follows: 

Section  1.  The  office  of  State  commissioner  of  horticulture  of  California  is 
hereby  created.  It  shall  be  the  duty  of  the  governor,  within  forty  days  after 


14 


LAWS  AGAINST  INJURIOUS  INSECTS. 


the  passage  of  this  act,  to  appoint  a citizen  and  resident  of  this  State  to  hold 
said  office  of  State  commissioner  of  horticulture,  who  must  at  the  date  of  his  , 
appointment  be  a skilled  horticulturist  and  entomologist  The  term  of  office 
shall  be  for  four  years  and  until  a successor  is  appointed  and  qualified.  The 
governor  may  remove  such  commissioner  from  office  at  any  time  upon  filing 
with  the  secretary  of  state  a certificate  of  removal  signed  by  the  governor.  In 
case  of  a vacancy  in  said  office  by  death,  resignation,  removal  from  office,  or 
other  cause,  the  governor  shall  fill  the  vacancy  for  the  unexpired  term.  The 
salary  of  said  commissioner  shall  be  two  hundred  and  fifty  dollars  per  month, 
and  he  shall  be  allowed  in  addition  a sum  not  to  exceed  five  hundred  dollars 
yearly  for  traveling  and  incidental  expenses  necessary  in  the  discharge  of  his 
duties  herein  provided  for.  Such  commissioner  may  appoint  a secretary,  who 
shall  be  versed  in  horticulture  and  entomology,  and  who  shall  be  an  experienced 
compiler  of  reports,  bulletins,  and  such  publications  as  may  issue  from  said  com- 
mission from  time  to  time,  and  who  shall  perform  all  such  duties  as  may  be 
required  of  him  by  such  commissioner.  Such  secretary  of  the  horticultural 
commissioner  shall  receive  a salary  of  twenty-one  hundred  dollars  per  annum. 
In  appointing  such  commissioner  and  his  successor  or  successors  it  shall  be  the 
duty  of  the  governor  to  disregard  political  affiliations  and  to  be  guided  in  his 
selection  entirely  by  the  professional  and  moral  qualifications  of  the  person  so 
selected  for  the  performance  of  the  duties  of  said  office.  The  office  of  said 
commissioner  shall  be  kept  open  every  day  except  holidays  and  shall  be  in 
charge  of  the  secretary  during  the  absence  of  such  commissioner.  The  main 
office  of  such  commissioner  shall  be  at  the  city  of  Sacramento.  The  secretary 
of  state  shall  furnish  and  set  aside  in  the  capitol  a room  or  rooms  suitable  for 
offices  for  said  commissioner,  and  if  the  secretary  of  state  shall  make  and  file 
an  affidavit  with  the  said  commissioner  stating  that  it  is  not  possible  for  him,  as 
such  secretary  of  state,  to  provide  and  set  aside  an  office  for  said  commissioner 
in  the  capitol  or  in  any  State  building  under  his  control,  because  there  is  no 
such  office  room  or  rooms  available,  then,  and  after  the  making  and  delivery  of 
such  affidavit  to  such  commissioner,  the  said  commissioner  may  rent  rooms 
convenient  and  suitable  for  his  offices  under  this  act  at  a rental  not  to  exceed 
five  hundred  dollars  per  year.  Said  commissioner  may  also  keep  and  maintain 
an  office  in  the  city  and  county  of  San  Francisco  at  a yearly  rental  not  to  exceed 
the  sum  of  five  hundred  dollars,  and  may  appoint  a deputy  commissioner,  who 
shall  be  an  expert  entomologist  and  horticulturist,  to  have  charge  of  said 
office  under  said  commissioner,  and  to  perform  any  and  all  duties  which  said 
commissioner  may  require  of  him  under  this  act  and  shall  fix  the  monthly 
compensation  of  such  deputy  at  $200  per  month.  Such  deputy  shall  hold  his 
position  during  the  pleasure  of  such  commissioner  and  may  be  removed  from 
his  office  or  position  at  any  time  by  said  commissioner  filing  with  the  secretary 
of  state  a certificate  signed  by  said  commissioner  so  removing  such  deputy. 
Said  commissioner  may  also  appoint,  by  and  with  the  approval  of  the  governor, 
such  temporary  deputies  from  time  to  time  as  may  be  required  for  quarantine 
purposes  under  this  act,  and  such  temporary  deputies  shall  receive  such  com- 1 
pensation  per  diem  as  may  be  specified  in  the  writing  so  approving  such  ap- 1 
pointment.  If  there  be  not  sufficient  furniture  and  office  appliances  turned  I 
over  to  such  commissioner  by  the  State  board  of  horticulture  heretofore  exist- 1 
ing  to  furnish  and  equip  properly  the  office  or  offices  for  such  commissioner  at  I 
Sacramento  and  San  Francisco  aforesaid,  the  said  commissioner  may,  by  and 
with  the  approval  of  the  governor,  purchase  for  the  use  of  his  said  office  or 
offices  such  furniture  and  appliances  as  may  be  necessary  therefor,  and  from 
time  to  time,  at  an  expense  not  to  exceed  a sum  to  be  mentioned  in  such  approval, 


CALIFORNIA. 


15 


which  expense,  together  with  all  other  expenses  authorized  by  this  act,  is  hereby 
allowed  for  the  purposes  specified.  [As  amended  March  20,  1905.] 

Sec.  2.  Upon  taking  office  under  this  act  such  commissioner  shall  be  entitled 
to  receive  and  have  turned  over  to  him  as  such  commissioner  all  the  books, 
records,  and  property  in  the  possession,  charge,  custody,  or  control  of  the  State 
board  of  horticulture  heretofore  existing,  and  all  such  property  shall  be  deliv- 
ered to  such  commissioner  upon  demand.  Such  commissioner  shall  be  deemed 
for  such  purposes  the  successor  of  said  board. 

Sec.  3.  Such  commissioner  shall  collect  books,  pamphlets,  and  periodicals  and 
other  documents  containing  information  relating  to  horticulture,  and  shall  pre- 
serve the  same ; collect  statistics  and  other  information  showing  the  actual  con- 
dition and  progress  of  horticulture  in  this  State  and  elsewhere ; correspond  with 
horticultural  societies,  colleges,  and  schools,  and  with  the  county  boards  of  hor- 
ticulture existing  or  that  may  exist  in  this  State,  and  with  all  other  persons 
necessary  to  secure  the  best  results  to  horticulture  in  this  State.  He  shall  require 
reports  from  county  boards  of  horticulture  in  this  State,  and  may  print  the  same 
or  any  part  thereof  as  he  may  select,  either  in  the  form  of  bulletins  or  in  his 
annual  report,  or  both,  as  he  shall  deem  proper.  He  shall  issue  and  cause  to  be 
printed  and  distributed  to  county  boards  of  horticulture  in  this  State,  and  to  all 
other  persons  whom  he  may  deem  proper,  bulletins  or  statements  containing  all 
the  information  best  adapted  to  promote  the  interest  and  protect  the  business 
and  development  of  horticulture  in  this  State.  Such  commissioner  shall  be 
deemed  to  be  the  State  horticultural  quarantine  officer  mentioned  in  chapter 
seventy-six  of  the  laws  of  eighteen  hundred  and  ninety-nine,  for  the  purpose  of 
that  act,  and  shall  be  empowered  to  perform  the  duties  which  under  that  act  are 
to  be  performed  by  the  State  horticultural  quarantine  officer : Provided,  That 
any  inspection  therein  authorized,  when  made  by  such  commissioner,  must  be 
with  the  approval  of  the  governor  and  as  provided  by  this  act. 

Sec.  4.  Said  commissioner  may,  by  and  with  the  approval  of  the  governor, 
establish,  maintain,  and  enforce  such  quarantine  regulations  as  may  be  deemed 
necessary  to  protect  the  nurseries,  trees,  shrubs,  plants,  vines,  cuttings,  grafts, 
scions,  buds,  fruit  pits,  fruit,  vegetables,  or  other  articles  of  horticulture,  against 
contagion  or  infection  by  injurious  disease,  insects,  or  pests,  by  establishing  such 
quarantine  at  the  boundaries  of  this  State  or  elsewhere  within  the  State,  and  he 
may  make  and  enforce,  with  the  approval  of  the  governor,  any  and  all  such  rules 
and  regulations  as  may  be  deemed  necessary  to  prevent  any  infected  stock,  tree, 
shrub,  plant,  vine,  cutting,  graft,  scion,  bud,  fruit  pit,  fruit,  vegetable,  or  other 
article  of  horticulture  from  passing  over  any  quarantine  line  established  and  pro- 
claimed pursuant  to  this  act,  and  all  such  articles  shall,  during  the  maintenance 
of  such  quarantine,  be  inspected  by  such  commissioner  or  by  a deputy  appointed 
in  writing  by  said  commissioner,  with  the  approval  of  the  governor,  and  he  or 
the  deputy  so  conducting  such  inspection  shall  not  permit  any  such  article  to 
pass  over  such  a quarantine  line  during  such  quarantine,  except  upon  a certifi- 
cate of  inspection  signed  by  such  commissioner  or  in  his  name  by  such  a deputy 
who  has  made  such  inspection,  unless  such  article  has  been  immediately  prior  to 
such  passage  inspected  by  an  officer  or  agent  of  the  United  States  entitled  to 
inspect  the  same,  and  such  officer  or  agent  has  granted  permission  for  such 
passage.  All  approvals  by  the  governor  given  or  made  pursuant  to  this  act  shall 
be  in  writing  and  signed  by  the  governor  in  duplicate,  and  one  copy  thereof  shall 
be  filed  in  the  office  of  the  secretary  of  state,  and  the  other  in  the  office  of  said 
commissioner  before  such  approval  shall  take  effect. 

Sec.  5.  Upon  information  received  by  such  commissioner  of  the  existence  of 
any  infectious  disease,  insect,  or  pest  dangerous  to  any  such  article  or  to  the 


16 


LAWS  AGAINST  INJURIOUS  INSECTS. 


interest  of  horticulture  within  this  State,  or  that  there  is  a probability  of  the 
introduction  of  any  such  infectious  disease,  insect,  or  pest  into  this  State  or 
across  the  boundaries  thereof,  he  shall  proceed  to  thoroughly  investigate  the 
same,  and  may,  by  and  with  the  approval  of  the  governor,  establish,  maintain, 
and  enforce  quarantine  as  hereinbefore  provided,  with  such  regulations  as  may 
be  necessary  to  circumscribe  and  exterminate  or  eradicate  such  infectious  dis- 
eases, insects,  or  pests,  and  prevent  the  extension  thereof,  and  is  hereby  author- 
ized to  enter  upon  any  grounds  or  premises,  and  inspect  any  stock,  tree,  shrub, 
plant,  vine,  cutting,  graft,  scion,  bud,  fruit  pit,  fruit,  vegetable,  or  other  article 
of  horticulture,  or  implement  thereof,  or  box  or  package  pertaining  thereto  or 
connected  therewith,  or  that  has  been  used  in  packing,  shipping,  or  handling 
the  same,  and  to  open  any  such  package,  and  generally  to  do,  with  the  least  in- 
jury possible  under  the  conditions  to  property  or  business,  all  acts  and  things 
necessary  to  carry  out  the  provisions  of  this  act. 

Sec.  6.  Upon  the  discovery  of  any  such  infectious  disease,  insects,  or  pests, 
such  commissioner  shall  immediately  report  the  same  to  all  county  boards  of 
horticulture,  together  with  a statement  as  to  the  best-known  means  or  method 
for  circumscribing,  exterminating,  or  eradicating  the  same,  and  shall  state 
therein  specifically  what  treatment  or  method  should  be  applied  in  each  case,  asi 
the  matter  may  require,  with  a detailed  statement  or  prescription  as  to  the, 
method  of  making  or  procuring,  and  of  applying  any  preparation  or  treatment! 
so  recommended  therefor,  and  the  times  and  duration  for  such  treatment,  and  if 
chemicals  or  articles  be  required  other  than  those  usually  obtainable  at  any l 
town,  the  place  or  places  where  they  are  most  readily  to  be  obtained;  and  upon 
the  receipt  of  such  statement  by  any  county  board  of  horticulture,  or  any  member! 
thereof,  it  shall  be  the  duty  of  such  county  board  of  horticulture  to  distribute] 
such  statement  in  printed  form  to  every  person  owning  or  having  charge  or  pos-j 
session  of  any  orchard,  nursery  stock,  tree,  shrub,  or  article  of  horticulture] 
within  their  county  where  it  is  supposed  by  said  county  board  there  is  any 
danger  to  the  interests  of  horticulture,  and  such  a statement  must  be  served  with, 
or  be  a part  of  the  notice  to  be  given  to  the  owner  or  owners,  or  person  or 
persons,  in  possession  of  any  orchard,  nursery,  tree,  shrub,  or  article  of  horti-j 
culture,  referred  to,  provided  for,  and  required  to  be  served  in  and  by  section 
two  of  chapter  one  hundred  and  eighty-three  of  the  laws  of  eighteen  hundred' 
and  ninety-seven,  or  any  amendments  which  have  been  or  may  be  made  thereto.] 

Sec.  7.  Whenever  it  shall  become  necessary  to  establish  quarantine  under  this! 
act,  if  there  be  any  authorities  or  officers  of  the  United  States  having  authority] 
to  act  in  such  matter,  or  any  part  thereof,  the  said  State  commissioner  of  horti-i 
culture  shall  notify  such  authority  or  officers  of  the  United  States,  and  coop-J 
erate  as  far  as  possible  with  such  authorities  or  officers  of  the  United  Statesi 
wheresoever  the  jurisdiction  of  the  United  States  extends  and  is  being  exercised,] 
and  shall  obtain,  whenever  desirable  and  possible,  the  assent  of  the  proper] 
authority  or  officers  of  the  United  States  to  the  establishment  or  change  of, 
quarantine  lines,  so  as  to  most  effectively  and  speedily  accomplish  the  purposes! 
of  this  act.  The.  said  commissioner  shall  at  once  notify  the  governor  of  all : 
quarantine  lines  established  under  or  pursuant  to  this  act,  and  if  the  governor] 
approve  or  shall  have  approved  of  the  same  or  any  portion  thereof,  the  governor! 
shall  issue  his  proclamation  proclaiming  the  boundaries  of  such  quarantine,  and! 
the  nature  thereof,  and  the  orders,  rules,  or  regulations  prescribed  for  t 3 
maintenance  and  enforcement  of  the  same,  and  shall  publish  such  proclamation 
in  such  manner  as  he  may  deem  expedient  to  give  proper  notice  thereof. 

Sec.  8.  The  said  State  commissioner  shall  be  ex  officio  a member  of  all  countyi 
boards  of  horticulture  existing  or  that  may  be  created  or  exist  in  this  State 


CALIFORNIA. 


17 


pursuant  to  law,  whenever  he  is  present  and  acting  with  said  county  board 
within  the  county,  where  such  county  board  exists,  but  when  he  is  not  so  present 
in  such  county,  acting  with  such  county  board,  then  the  said  county  board  shall 
have  all  the  power  and  authority  conferred  on  it  by  law,  and  may  exercise  such 
power  by  the  action  of  the  members  of  such  county  board  or  a majority  thereof. 
The  reports  which  county  boards  of  horticulture  are  required  by  law  to  make,  or 
which  they  may  desire  to  make,  shall,  after  the  passage  of  this  act,  be  made  to 
the  State  commissioner  of  horticulture. 

Sec.  9.  It  shall  be  the  duty  of  the  superintendent  of  State  printing  to  print  and 
deliver  to  the  State  commissioner  of  horticulture,  upon  the  written  request  of 
said  commissioner,  all  such  bulletins,  orders,  rules,  regulations,  statements, 
reports,  and  other  printed  matter,  as  the  said  commissioner  may  deem  neces- 
sary to  have  and  use  for  carrying  out  the  purposes  of  this  act,  and  it  shall  be 
the  duty  of  the  secretary  of  state  to  cause  to  be  prepared  and  furnished  to  such 
State  commissioner  all  stationery,  paper,  blank  forms,  envelopes,  and  writing 
material  needful  and  convenient  for  use  in  the  office  of  such  commissioner. 

Sec.  10.  It  shall  be  the  duty  of  said  State  commissioner  to  report  in  the  month 
of  January  in  each  even-numbered  year  to  the  governor,  and  in  each  odd-num- 
bered year  to  the  legislature  of  this  State,  such  matters  as  he  may  deem  ex- 
pedient or  as  may  be  required  either  by  the  governor  or  legislature,  and  to 
include  a statement  of  all  the  persons  employed,  and  of  moneys  expended  under 
this  act,  by  itemized  statement  thereof. 

Sec.  11.  Any  person  willfully  refusing  to  comply  with  orders  lawfully  made 
under  and  pursuant  to  this  act  shall  be  guilty  of  a misdemeanor,  and  upon  con- 
viction shall  be  fined  not  to  exceed  five  hundred  dollars. 

Sec.  12.  All  moneys  paid  under  this  act  shall  be  paid  by  the  State  treasurer 
from  moneys  appropriated  for  the  support  of  the  State  commissioner  of  horti- 
culture, and  expenses  other  than  the  salary  of  the  commissioner,  the  compensa- 
tion of  his  clerk  and  deputy  commissioner,  as  allowed  and  provided  by  this  act, 
must  be  certified  by  the  said  commissioner  and  be  approved  by  the  State  board 
of  examiners  before  being  audited  or  paid.  Any  moneys  remaining  of  any 
appropriation  heretofore  made  or  that  may  be  appropriated  for  the  use  or  sup- 
port of  the  State  board  of  horticulture  are  hereby  appropriated  to  the  support 
of  the  State  commission  of  horticulture,  and  are  directed  to  be  applied  to  the 
payment  of  claims  and  expenses  under  this  act. 

Sec.  13.  The  sum  of  four  thousand  dollars  is  hereby  appropriated  for  the  use 
and  support  and  to  pay  the  expenses  of  the  State  commission  of  horticulture, 
for  the  fiscal  years  commencing  July  first,  nineteen  hundred  and  three,  and  July 
first,  nineteen  hundred  and  four,  under  this  act. 

Sec.  14.  Chapter  sixty-three  of  the  laws  of  eighteen  hundred  and  eighty-three, 
chapter  seven  of  the  laws  of  eighteen  hundred  and  eighty-five,  chapter  eighty- 
six  of  the  laws  of  eighteen  hundred  and  eighty-nine,  and  chapter  one  hundred 
and  ninety-four  of  the  laws  of  eighteen  hundred  and  ninety-one,  are  hereby 
repealed. 

Sec.  15.  This  act  shall  take  effect  immediately. 


County  Boards  of  Horticulture. 

[Following  is  the  State  law  providing  for  the  appointment  of  county  boards 
of  horticulture,  prescribing  their  duties  and  defining  their  powers,  as  amended 
by  the  last  legislature  and  approved  March  20,  1905 :] 

7418— No.  61  m 2 


18 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Section  1.  Whenever  a petition  is  presented  to  the  board  of  supervisors  of  any  rj 
county,  and  signed  by  twenty-five  or  more  persons,  each  of  whom  is  a resident  , 
freeholder  and  possessor  of  an  orchard,  stating  that  certain  or  all  orchards,  or 
nurseries,  or  trees  or  plants  of  any  variety  are  infested  with  any  serious  infec-d 
tious  diseases,  or  scale  insects  of  any  kind,  injurious  to  fruit,  fruit  trees,  vines,  i 
or  other  plants  or  vegetables,  or  that  there  is  growing  therein  the  Russian  this- 1| 
tie  or  salt  wort  ( Salsoli  kali,  variety  tragus),  or  other  noxious  weeds,  codlinl 
moth,  or  other  insects  that  are  destructive  to  trees,  and  praying  that  a commis-fl 
sion  appointed  by  them,  whose  duty  it  shall  be  to  supervise  the  destruction  of 
said  scale  insects,  diseases  or  Russian  thistle  or  salt  wort,  or  other  noxious 
weeds  as  herein  provided,  the  board  of  supervisors  shall,  wuthin  twenty  days;; 
thereafter,  appoint  a board  of  horticultural  commissioners,  consisting  of  three 
members,  who  shall  be  qualified  for  the  duties  of  horticultural  commissioner.  K 
Upon  the  petition  of  twenty-five  resident  freeholders  and  possessors  of  an 
orchard,  the  board  of  supervisors  may  remove  any  of  said  commissioners  fori 
cause,  after  a hearing  of  the  petition. 

Sec.  2.  It  shall  be  the  duty  of  the  county  board  of  horticultural  commis 
sioners  in  each  county,  whenever  it  shall  deem  it  necessary,  to  cause  an  inspec- 
tion to  be  made  of  any  premises,  orchards,  or  nursery,  or  trees,  plants,  vegeta- 
bles, vines,  or  fruits,  or  any  fruit-packing  house,  storeroom,  salesroom,  or  any 
other  place  or  articles  in  their  jurisdiction,  and  if  found  infested  with  infectious 
diseases,  scale  insects,  or  codlin  moth,  or  other  pests  injurious  to  fruit,  plants, 
vegetables,  trees,  or  vines,  or  with  their  eggs  or  larvae,  or  if  there  is  found 
growing  thereon  the  Russian  thistle  or  salt  wort,  or  other  noxious  weeds,  they 
shall  notify  the  owner  or  owners,  or  person  or  persons  in  charge,  or  in  possession 
of  the  said  places  or  orchards,  or  nurseries,  or  trees,  or  plants,  vegetables,  vines,  ’ 
or  fruit,  or  article  as  aforesaid  that  the  same  are  infested  with  said  diseases, 
insects,  or  other  pests,  or  any  of  them,  or  their  eggs  or  larvae,  or  that  the  Rus- 
sian thistle  or  salt  wort  or  other  noxious  weeds  is  growing  thereon,  and  they 
shall  require  such  person  or  persons  to  eradicate  or  destroy  the  said  insects,  or 
other  pests,  or  their  eggs  or  larvae,  or  Russian  thistle  or  salt  wort,  or  other  nox- 
ious weeds  within  a certain  time  to  be  specified.  Said  notices  may  be  served 
upon  the  person  or  persons,  or  either  of  them  owning  or  having  charge,  or  having 
possession  of  such  infested  place,  or  orchard,  or  nursery,  or  trees,  plants,  vegeta- 
bles, vines,  or  fruit,  or  articles,  as  aforesaid,  or  premises  where  the  Russian  this- 
tle or  salt  wort  or  other  noxious  weeds  shall  be  growing,  by  any  commissioner, 
or  by  any  person  deputed  by  the  said  commissioners  for  that  purpose,  or  they 
may  be  served  in  the  same  manner  as  a summons  in  a civil  action.  Any  and  all 
such  places,  or  orchards,  or  nurseries,  or  trees,  plants,  shrubs,  vegetables,  vines, 
fruit,  or  articles  thus  infested,  or  premises  where  the  Russian  thistle  or  salt 
wort  or  other  noxious  weeds  shall  be  growing,  are  hereby  adjudged  and  de- 
clared to  be  a public  nuisance ; and  whenever  any  such  nuisance  shall  exist  at 

any  place  within  their  jurisdiction,  or  on  the  property  of  any  nonresident,  or  on 
any  property  the  owner  or  owners  of  which  can  not  be  found  by  the  county 
board  of  horticultural  commissioners,  after  diligent  search,  within  the  county,  or 
on  the  property  of  any  owner  or  owners  upon  which  notice  aforesaid  has  been 
served,  and  who  shall  refuse  or  neglect  to  abate  the  same  within  the  time  speci- 
fied, it  shall  be  the  duty  of  the  county  board  of  horticultural  commissioners  to 
cause  said  nuisance  to  be  at  once  abated,  by  eradicating  or  destroying  said  dis- 
eases, insects,  or  other  pests,  or  their  eggs  or  larvae,  or  Russian  thistle  or  salt 

wort  or  other  noxious  weeds.  The  expense  thereof  shall  be  a county  charge, 

and  the  board  of  supervisors  shall  allow  and  pay  the  same  out  of  the  general 


CALIFORNIA. 


19 


fund  of  the  county.  Any  and  all  sum  or  sums  so  paid  shall  be  and  become  a 
lien  on  the  property  and  premises  from  which  said  nuisance  has  been  removed 
or  abated,  in  pursuance  of  this  act,  and  may  be  recovered  by  an  action  against 
such  property  and  premises.  A notice  of  such  lien  shall  be  filed  and  recorded 
in  the  office  of  the  county  recorder  of  the  county  in  which  the  said  property  and 
premises  are  situated,  within  thirty  days  after  the  right  to  the  said  lien  has 
accrued.  An  action  to  foreclose  such  lien  shall  be  commenced  within  ninety 
days  after  the  filing  and  recording  of  said  notice  of  lien,  which  action  shall  be 
brought  in  the  proper  court  by  the  district  attorney  of  the  county  in  the  name 
and  for  the  benefit  of  the  county  making  such  payment  or  payments,  and  when 
the  property  is  sold  enough  of  the  proceeds  shall  be  paid  into  the  county  treas- 
ury of  such  county  to  satisfy  the  lien  and  costs ; and  the  overplus,  if  any  there 
be,  shall  be  paid  to  the  owner  of  the  property  if  he  be  known,  and  if  not,  into 
the  court  for  his  use  when  ascertained.  The  county  board  of  horticultural  com- 
missioners is  hereby  vested  with  the  power  to  cause  any  and  all  such  nuisances 
to  be  at  once  abated  in  a summary  manner. 

Sec.  3.  Said  county  boards  of  horticultural  commissioners  shall  have  power  to 
divide  the  county  into  districts,  and  to  appoint  a local  inspector  to  hold  office 
at  the  pleasure  of  the  commissioners,  for  each  of  said  districts.  The  State 
board  of  horticulture  may  issue  commissions  as  quarantine  guardians  to  the 
members  of  said  county  board  of  horticultural  commissioners  and  to  the  local 
inspectors  thereof.  The  said  quarantine  guardians,  local  inspectors,  or  members 
of  said  county  boards  of  horticultural  commissioners,  shall  have  full  authority 
to  enter  into  any  orchard,  nursery,  place  or  places  where  trees  or  plants  are  kept 
and  offered  for  sale  or  otherwise,  or  any  house,  storeroom,  salesroom,  depot,  or 
any  other  such  place  in  their  jurisdiction,  to  inspect  the  same,  or  any  part 
thereof. 

Sec.  4.  It  shall  be  the  duty  of  said  county  board  of  horticultural  commission- 
ers to  keep  a record  of  their  official  doings,  and  to  make  a report  to  the  State 
board  of  horticulture,  on  or  before  the  first  day  of  October  of  each  year,  of  the 
condition  of  the  fruit  interests  in  their  several  districts,  what  is  being  done  to 
eradicate  insect  pests,  also  as  to  disinfecting,  and  as  to  quarantine  against  insect 
pests  and  diseases,  and  as  to  carrying  out  all  laws  relative  to  the  greatest  good  of 
the  fruit  interest.  Said  board  may  publish  said  reports  in  bulletin  form,  or  may 
incorporate  so  much  of  the  same  in  their  annual  reports  as  may  be  of  general 
interest. 

Sec.  5.  The  salary  of  all  inspectors  working  under  the  county  board  of  horti- 
cultural commissioners  shall  be  two  dollars  and  fifty  cents  ($2.50)  per  day.  In 
the  case  of  the  commissioners  themselves,  their  compensation  shall  be  four  dol- 
lars per  day,  when  actually  engaged  in  the  performance  of  their  duties,  and 
itemized  necessary  traveling  expenses  incurred  in  the  discharge  of  their  regular 
duties  as  prescribed  in  this  act. 

Sec.  6.  It  shall  be  the  duty  of  the  county  board  of  horticultural  commissioners 
to  keep  a record  of  their  official  doings  and  make  a monthly  report  to  the  board 
of  supervisors ; and  the  board  of  supervisors  may  withhold  warrants  for  sala- 
ries of  said  members  and  inspectors  thereof  until  such  time  as  said  report  is 
made. 

Sec.  7.  An  act  entitled  “An  act  to  protect  and  promote  the  horticultural  inter- 
ests of  the  State,”  approved  March  fourteenth,  eighteen  hundred  and  eighty-one, 
and  certain  acts  amendatory  thereof,  approved  March  nineteenth,  eighteen  hun- 
dred and  eighty-nine,  and  March  thirty-first,  eighteen  hundred  and  ninety-one, 
are  hereby  repealed. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


20 


LAWS  AGAINST  INJUKIOUS  INSECTS. 


Horticultural  Quarantine  Law. 

An  Act  for  the  protection  of  horticulture,  and  to  prevent  the  introduction  into  thisl 

State  of  insects,  or  diseases,  or  animals,  injurious  to  fruit  or  fruit  trees,  vines,  bushes, | 

or  vegetables,  and  to  provide  for  a quarantine  for  the  enforcement  of  this  act. 

[Became  a law,  under  constitutional  provision,  without  governor’s  approval,  March  1 1, j 

1899.] 

The  people  of  the  State  of  California,  represented  in  senate  and  assembly,  do\ 
enact  as  follows: 

Section  1.  Any  person,  persons,  or  corporation  who  shall  receive,  bring,  or  1 
cause  to  be  brought  into  this  State  any  nursery  stock,  trees,  shrubs,  plants,  vines,! 
cuttings,  grafts,  scions,  buds,  or  fruit-pits,  or  fruit  or  vegetables,  shall,  within  i 
twenty-four  hours  after  the  arrival  thereof,  notify  the  State  horticultural  quar-j 
antine  officer,  or  the  quarantine  guardian  of  the  district  or  county  in  which  such 
nursery  stock,  or  fruit  or  vegetables  are  received,  of  their  arrival,  and  hold  the  ! 
same  without  unnecessarily  moving  the  same  or  placing  such  articles  where  they  i 
may  be  harmful,  for  the  immediate  inspection  of  such  State  horticultural  quar- \ 
antine  officer  or  guardian.  If  there  is  no  quarantine  guardian  or  State  horti-  i 
cultural  quarantine  officer  in  the  county  where  such  nursery  stock,  or  fruit,  or 
vegetables  are  received,  it  shall  then  be  the  duty  of  such  person,  persons,  or 
corporation  to  notify  the  State  board  of  horticulture,  who  shall  make  imme- 
diate arrangements  for  their  inspection.  The  State  horticultural  quarantine  . 
officer,  the  quarantine  guardian,  or  such  person  or  persons  as  shall  be  commis- 
sioned by  the  State  board  of  horticulture  to  make  such  inspection  or  to  repre-  i 
sent  said  board,  are  hereby  authorized  and  empowered  to  enter  into  any  ware- 
house, depot,  or  upon  any  dock,  wharf,  mole,  or  any  other  place  where  such 
nursery  stock,  or  fruit,  or  vegetables,  or  other  described  articles  are  received, 
for  the  purpose  of  making  the  investigation  or  examination  herein  provided  for. 

Sec.  2.  Each  carload,  case,  box,  package,  crate,  bale,  or  bundle  of  trees,  shrubs, 
plants,  vines,  cuttings,  grafts,  scions,  buds,  or  fruit-pits,  or  fruit  or  vegetables,  im-  i 
ported  or  brought  into  this  State,  shall  have  plainly  and  legibly  marked  thereon 
in  a conspicuous  manner  and  place  the  name  and  address  of  the  shipper,  owner,  : 
or  person  forwarding  or  shipping  the  same,  and  also  the  name  of  the  person, 
firm,  or  corporation  to  whom  the  same  is  forwarded  or  shipped,  or  his  or  its 
responsible  agent,  also  the  name  of  the  country,  State,  or  Territory  where  the 
contents  were  grown. 

Sec.  3.  When  any  shipment  of  trees,  shrubs,  plants,  vines,  cuttings,  grafts, 
scions,  buds,  fruit-pits,  or  fruit  or  vegetables,  imported  or  brought  into  this 
State,  is  found  infested  with  injurious  insects,  or  their  eggs,  larvae,  or  pupae, 
or  reasonable  cause  to  presume  that  they  may  be  so  infested,  or  infected  with 
tree,  plant,  or  fruit  disease  or  diseases,  the  entire  shipment  shall  be  disinfected 
at  the  expense  of  the  owner,  owners,  or  agent.  After  such  disinfection,  it  shall 
be  detained  in  quarantine  the  necessary  time  to  determine  the  result  of  such 
disinfection.  If  the  disinfection  has  been  so  performed  as  to  destroy  all  insects, 
or  their  eggs,  and  so  as  to  eradicate  all  disease  and  prevent  contagion,  and  in  a 
manner  satisfactory  to  the  State  horticultural  quarantine  officer,  the  quaran- 
tine guardian  of  the  district,  or  the  person  commissioned  by  said  board,  the  trees, 
vines,  vegetables,  seeds,  or  other  articles  shall  then  be  released.  [Amended 
February  19,  1903.] 

Sec.  4.  When  any  shipment  of  trees,  shrubs,  plants,  vines,  cuttings,  grafts, 
scions,  buds,  fruit-pits,  or  fruit  or  vegetables,  imported  or  brought  into  this 
State,  is  found  infested  with  any  species  of  injurious  insects,  or  their  eggs, 
larvae,  or  pupae,  not  existing  in  the  orchards,  vineyards,  gardens,  or  farms  of 


CALIFORNIA. 


21 


California,  such  infested  shipments  shall  be  immediately  sent  out  of  the  State, 
or  destroyed,  at  the  option  of  the  owner,  owners,  or  agent,  and  at  his  or  their 
expense. 

Sec.  5.  No  person,  persons,  or  corporation,  shall  bring  or  cause  to  be  brought 
into  the  State  any  peach,  nectarine,  or  apricot  trees,  or  cuttings,  grafts,  scions, 
buds,  or  pits  of  such  trees,  or  any  trees  budded  or  grafted  upon  peach  stock  or 
root  that  has  been  in  a district  where  the  disease  known  as  “ peach  yellows  ” or 
the  contagious  disease  known  as  contagious  “ peach  rosette  ” are  known  to  exist, 
and  any  such  attempting  to  land  or  enter  shall  be  refused  entry  and  shall  be 
destroyed  or  returned  to  the  point  of  shipment,  at  the  option  of  the  owner, 
owners,  or  agent,  and  at  his  or  other  [their]  expense. 

Sec.  6.  No  person,  persons,  or  corporations  shall  bring,  or  cause  to  be  brought 
into  this  State  any  injurious  animals  known  as  English  or  Australian  wild 
rabbit,  flying  fox,  mongoose,  or  any  animal  or  other  animal  or  animals  detri- 
mental to  horticultural  and  agricultural  interests. 

Sec.  7.  Any  person,  persons,  or  corporation  violating  any  of  the  provisions  of 
this  act  is  guilty  of  a misdemeanor. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


Paris  Green. 

An  Act  to  prevent  fraud  in  the  sale  of  Paris  green  used  as  an  insecticide. 

[Became  a law  under  constitutional  provision,  without  governor’s  approval,  February  28, 

1901.] 

The  people  of  the  State  of  California,  represented  in  senate  and  assembly, 
do  enact  as  folloivs: 

Section  1.  It  shall  be  the  duty  of  each  and  every  manufacturer  of  Paris 
green  (commercial  aceto-arsenite  of  copper)  to  be  used  as  an  insecticide  within 
this  State,  and  of  every  dealer  in  original  packages  of  said  Paris  green  manu- 
factured outside  of  this  State,  before  the  said  Paris  green  is  offered  or  exposed 
for  sale,  or  sold  within  this  State  as  an  insecticide,  to  submit  to  the  director 
of  the  California  Agricultural  Experiment  Station  at  Berkeley,  samples  of  said 
Paris  green,  and  a written  or  printed  statement  setting  forth : first,  the  brands 
of  said  Paris  green  to  be  sold,  the  number  of  pounds  contained  in  each  package 
in  which  it  is  put  on  the  market  for  sale,  the  name  or  names  of  the  manu- 
facturers and  the  place  of  manufacturing  the  same ; second,  the  statement  shall 
set  forth  the  amount  of  combined  arsenic  which  the  said  Paris  green  contains, 
and  the  statement  so  furnished  shall  be  considered  as  constituting  a guarantee 
to  the  purchaser  that  every  package  of  such  Paris  green  contains  not  less  than 
the  amount  of  combined  arsenic  set  forth  in  the  statement. 

Sec.  2.  Every  purchaser  of  said  Paris  green  in  original  packages  which  is 
manufactured  outside  of  this  State  who  intends  to  sell  or  expose  the  same  for 
sale,  and  every  manufacturer  of  said  Paris  green  within  this  State,  shall,  after 
filing  the  statement  above  provided  for  with  the  director  of  the  California 
Agricultural  Experiment  Station  at  Berkeley,  receive  from  the  said  director 
a certificate  stating  that  he  has  complied  with  the  foregoing  statement, 
which  certificate  shall  be  furnished  without  charge  therefor;  said  certificate 
w?hen  furnished  shall  authorize  the  party  when  receiving  the  same  to  deal 
in  this  State  in  the  said  Paris  green.  Any  person  wTho  fails  to  comply  with  the 
terms  of  section  one  -of  this  act  shall  not  be  entitled  to  such  certificate  and  shall 
not  be  entitled  to  deal  in  said  Paris  green  within  this  State.  Nothing  in  this 


22 


LAWS  AGAINST  INJURIOUS  INSECTS. 


section  shall  be  construed  as  applying  to  retail  dealers  selling  said  Paris  green 
which  has  already  been  labeled  and  guaranteed. 

Sec.  3.  Paris  green  when  sold,  offered  or  exposed  for  sale,  as  an  insecticide 
in  this  State  shall  contain  at  least  fifty  per  centum  of  arsenious  oxide  and  shall 
not  contain  more  than  four  per  centum  of  the  same  in  the  uncombined  state. 

Sec.  4.  The  director  of  the  California  State  Agricultural  Station  at  Berkeley 
shall  examine  or  cause  to  be  examined  different  brands  of  Paris  green  sold, 
offered  or  exposed  for  sale  within  the  State,  and  cause  samples  of  the  same  to 

be  analyzed,  and  shall  report  results  of  analyses  forthwith  to  the  secretary  of 

the  State  board  of  horticulture  and  to  the  party  or  parties  submitting  said  sam- 
ples, and  such  report  shall  be  final  as  regards  its  quality. 

Sec.  5.  Any  person  or  persons,  firm,  association,  company,  or  corporation 
violating  any  of  the  provisions  of  this  act,  and  any  person  who  shall  sell  any 
package  of  Paris  green  or  any  part  thereof  which  has  not  been  labeled  as  herein 
provided,  shall  be  guilty  of  a misdemeanor  and  shall  be  fined  not  less  than  fifty 
dollars  nor  more  than  two  hundred  dollars,  together  with  the  costs  of  the  suit 
in  an  action  caused  to  be  brought  by  the  State  board  of  horticulture  through  its 

secretary  in  the  name  of  the  people  of  the  State  of  California. 

Sec.  6.  The  attorney-general  of  the  State  of  California  is  charged  with  the 
prosecution  of  all  such  suits. 

Sec.  7.  This  act  shall  take  effect  immediately. 


COLORADO. 

An  Act  concerning  horticulture,  and  to  repeal  sections  5,  6,  7,  8,  and  9 of  an  act 
entitled  “An  act  to  create  State  and  county  boards  of  horticulture,  define  their  duties 
and  compensation,  to  protect  and  promote  the  horticultural  interests  of  the  State,  and 
to  repeal  an  act  to  establish  a bureau  of  horticulture,  approved  March  8,  1883,” 
approved  April  5,  1893. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Colorado: 

Section  1.  Whenever  a petition  is  presented  to  the  board  of  county  commis- 
sioners of  any  county  signed  by  thirty-five  (35)  freeholders,  each  one  of  whom 
shall  be  the  owner  of  an  orchard  of  at  least  two  acres  situate  and  growing  in 
said  county,  stating  that  in  their  opinion  a necessity  exists  for  protecting  the 
horticultural  interests  of  said  county,  diminishing  and  destroying  fruit  pests 
and  diseases  and  insects  injurious  to  fruit  trees,  plants,  vines,  and  shrubs,  the 
said  county  commissioners  shall  appoint  a competent,  experienced  horticulturist, 
a person  who  shall  be  known  as  the  county  horticultural  inspector,  who  shall 
hold  his  office  for  a period  of  one  year  unless  otherwise  terminated  by  said 
board  of  county  commissioners.  It  shall  be  the  duty  of  the  professor  of 
entomology  of  the  State  Agricultural  College  at  Fort  Collins,  in  this  State,  to 
examine  all  persons  applying  for  a license  as  a horticultural  inspector,  and  if 
found  competent  and  fully  qualified  to  perform  the  duties  of  the  office  he  shall 
issue  to  such  applicant  a license  as  a county  horticultural  inspector,  which 
license  shall  certify  to  the  competence  of  such  applicant  and  shall  authorize 
him  to  act  as  an  inspector  in  any  county  in  the  State  for  a period  of  two  years 
from  its  date.  Said  professor  shall  receive  for  such  services  a fee  of  five 
dollars  from  such  applicant.  No  person  shall  enter  upon  the  duties  of  the  office 
of  such  inspector  nor  continue  in  the  performance  thereof  unless  holding  such 
a license.  Such  inspector  shall  also  give  a good  and  sufficient  bond  before 
entering  upon  the  duties  of  his  office,  in  the  sum  of  one  thousand  dollars,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  the  office,  the  surety  on 


COLORADO. 


23 


which  bond  may  be  a good  and  responsible  guarantee  company,  and  shall  be 
approved  by  the  board  of  county  commissioners.  Said  inspector  shall  have  the 
power  to  appoint  as  many  deputies  as  may  be  necessary,  subject  to  the  approval 
of  the  county  commissioners,  who  shall  act  under  the  direction  and  with  the 
authority  of  Said  inspector.  Said  inspector  shall  be  paid  for  his  services  the 
sum  of  four  (4)  dollars  per  day,  and  said  deputies  two  dollars  and  fifty  cents 
per  day,  out  of  the  county  treasury,  for  as  many  days’  services  rendered  as  the 
board  of  county  commissioners  shall,  by  resolution,  authorize.  It  shall  be  the 
duty  of  such  inspector  and  his  deputies  to  keep  a complete  record  of  their  offi- 
cial doings  and  to  make  a quarterly  report  thereof  to  the  board  of  county 
commissioners  of  said  county,  who  shall  withhold  the  warrant  for  the  salary 
of  any  delinquent  inspector  or  deputy  until  such  report  is  made.  The  inspector 
shall  furnish  each  owner  or  manager  of  an  orchard  or  vineyard  within  his 
jurisdiction  such  blanks  as  may  be  provided  by  the  State  board  of  horticulture, 
containing  questions  and  inquiries  as  to  the  condition  of  his  orchard  or  vine- 
yard and  the  extent  to  which  the  requirements  of  the  inspector  have  been  com- 
plied with.  Such  owner  or  manager  shall  fill  out  said  blanks  and  return  them 
to  the  inspector,  who  shall  transmit  them  to  the  State  board  of  horticulture. 
The  board  of  county  commissioners  shall  have  the  power  to  remove  any  in- 
spector or  deputy  who  shall,  in  their  judgment,  fail  to  perform  the  duties  of  the 
office. 

Sec.  2.  No  person  or  persons,  either  as  an  owner,  agent,  servant,  employee, 
or  common  carrier,  shall  bring  or  cause  to  be  brought  into  any  county  in  the 
State  of  Colorado  having  a county  horticultural  inspector,  from  any  district, 
county,  State,  or  foreign  country,  any  trees,  vines,  shrubs,  scions,  cuttings, 
graftings,  fruits,  or  fruit  pits,  without  giving  notice  of  their  arrival  at  their 
destination,  within  twenty-four  hours  thereafter,  to  the  horticultural  inspector 
of  said  county ; nor  keep,  sell,  plant,  expose  for  sale,  deliver,  give  away,  or 
otherwise  distribute  any  of  the  articles  mentioned  in  this  section,  or  cause  or 
permit  the  same  to  be  done,  except  upon  order  of  the  county  inspector  and  until 
they  shall  first  have  been  inspected  as  hereinafter  provided,  and  disinfected  to 
the  satisfaction  of  the  said  inspector. 

Sec.  3.  Whenever  the  county  horticultural  inspector  shall  be  notified  of  the 
arrival  of  any  of  the  articles  enumerated  in  section  2 of  this  act,  he  shall  within 
forty-eight  hours  (48)  make  a careful  inspection  of  the  same,  and  if  any  such 
articles  shall  be  found  by  him  to  be  infested  with  any  disease,  live  scale,  or 
insect  pests,  detrimental  or  injurious  to  fruit  trees  or  the  product  thereof,  or 
to  plant  life,  such  infested  articles  shall  be  removed  from  the  limits  of  the 
county  within  forty-eight  hours  thereafter,  at  the  expense  of  the  owner,  agent, 
or  shipper,  or  shall  be  destroyed.  The  owner,  agent,  or  shipper  shall  have  the 
right  to  elect  as  to  the  removal  of  such  infested  articles  from  the  county,  or  to 
have  the  same  destroyed  by  order  and  under  the  direction  of  said  inspector. 

Sec.  4.  The  county  horticultural  inspector  shall  have  the  power  to  establish 
and  maintain  quarantine  and  inspecting  stations  within  his  county,  whenever 
and  wherever  the  same  may  be  authorized  by  the  board  of  county  commis- 
sioners and  of  such  character  as  they  shall  direct. 

Sec.  5.  If  the  result  of  the  inspection  of  the  county  horticultural  inspector 
shall  be  to  put  any  of  the  articles  mentioned  in  section  2 of  this  act  in  quaran- 
tine, such  articles  shall  be  exempt  from  removal  from  the  county  during  the 
pendency  of  such  quarantine  regulations.  Whenever  said  inspector  shall  deem 
it  necessary  to  the  safety  of  the  horticultural  interests  of  his  county,  he  may 
hold  in  quarantine  for  information,  subsequent  inspection  or  disinfection,  and 
final  order  relative  thereto  any  of  the  articles  enumerated  in  said  section  2 


24  LAWS  AGAINST  INJURIOUS  INSECTS. 

of  this  act  for  such  reasonable  time  as  in  his  judgment  is  necessary,  without 
unreasonable  delay. 

Sec.  6.  Any  person  or  persons  who  shall  ship  or  bring  or  cause  to  be  brought  u 
or  shipped  into  any  county  of  the  State  having  a county  horticultural  inspector  | 
any  of  the  articles  mentioned  in  section  2 of  this  act,  shall  have  placed  upon 
or  securely  attached  to  each  box,  package,  or  separate  parcel  of  such  articles 
a distinct  mark  or  label  showing  the  name  of  the  owner,  agent,  or  shipper,  the 
name  of  the  grower,  and  any  further  evidence  necessary  to  determine  the 
locality  where  grown. 

Sec.  7.  It  shall  be  the  duty  of  the  county  horticultural  inspector  in  each 
county,  whenever  he  shall  deem  it  necessary,  to  make  an  inspection  of  any  | 
orchard,  nursery,  or  trees,  or  any  fruit  packing  house,  storeroom,  salesroom, 
or  other  place  or  article  within  his  jurisdiction,  and  if  found  infested  with  | 
insects  or  pests  or  diseases  injurious  to  fruit,  fruit  trees,  vines,  bushes,  or  other 
horticultural  interests  he  shall  notify  the  owner  or  owners,  or  person  or  per- 
sons in  charge  or  in  possesion  of  such  trees,  place,  or  other  thing  as  aforesaid,  j 
that  the  same  or  any  of  them  are  infested  with  insects  or  their  eggs  or  larv<e  ! 
or  with  fruit  or  fruit-tree  diseases,  and  shall  give  a formula  for  the  treatment 
thereof,  and  such  person  or  persons  so  notified  shall  eradicate  or  destroy  the 
said  insects  or  pests,  or  their  eggs  or  larvae,  within  a certain  time  to  be  speci- 
fied in  said  notice.  Said  notices  may  be  served  upon  the  person  or  persons,  or 
either  of  them,  owning  or  having  charge  or  having  possession  of  such  infested 
place,  trees,  or  other  thing  as  aforesaid,  by  the  inspector  or  any  deputy  in- 
spector. Any  and  all  such  places,  trees,  or  other  thing  thus  infested  are  hereby 
declared  and  adjudged  to  be  a public  nuisance.  Whenever  any  such  nuisance 
shall  exist  at  any  place  within  his  jurisdiction  on  the  property  of  any  non- 
resident, or  on  any  property  the  owner  or  owners  of  which  can  not  be  found  by 
the  inspector  after  diligent  search  within  the  county,  or  on  the  property  of  any 
owner  or  owners  upon  which  notice  has  been  served,  and  who  refuses  or  neglects 
to  abate  the  same  within  the  time  specified  or  to  follow  the  directions  given 
by  the  said  inspector  for  disinfecting  the  same,  it  shall  be  the  duty  of  such 
inspector  to  cause  the  same  to  be  at  once  abated  by  eradicating  or  destroying 
said  insects  or  other  pests,  their  eggs  or  larvae,  so  far  as  practicable,  and  he 
may,  if  necessary,  cut  back,  disinfect,  fumigate,  or  burn  said  infested  trees, 
vines,  and  shrubs,  as  well  as  other  articles  in  the  vicinity  which  are  also 
infested,  but  the  inspector  shall  not  proceed  to  abate  any  such  nuisance  where 
his  directions  have  been  followed. 

The  expense  thereof  shall  be  first  paid  by  the  county  upon  filing  of  proper 
vouchers  therefor.  Any  and  all  sums  so  paid,  together  with  the  inspector’s 
salary  while  engaged  upon  said  property,  shall  be  and  become  a lien  on  the 
property  and  premises  from  which  said  nuisance  has  been  removed  or  abated 
in  pursuance  of  this  act,  upon  the  filing  with  the  county  clerk  and  recorder  of 
the  said  county  a sworn  statement,  showing  the  itemized  amount  of  such  sum 
or  sums  and  a description  of  such  property  or  premises.  Such  lien  may  be 
foreclosed  by  an  action  against  such  property  and  premises,  which  action  shall 
be  brought  by  the  district  attorney  in  the  name  and  for  the  benefit  of  the  county 
making  such  payment.  When  the  property  is  sold  the  proceeds  thereof  shall 
be  paid  into  the  county  treasury  of  such  county  to  satisfy  the  lien  and  costs, 
and  the  overplus,  if  any,  shall  be  paid  to  the  owner  by  order  of  the  board  of 
county  commissioners  upon  his  applying  therefor. 

Sec.  8.  It  shall  be  unlawful  for  any  person  or  persons  to  spray  fruit  trees 
while  in  bloom  with  any  substance  injurious  to  bees. 

Sec.  9.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty 


CONNECTICUT. 


25 


of  a misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  imprison- 
ment in  the  county  jail  for  a period  of  not  less  than  ten  nor  more  than  one 
hundred  days,  or  by  a fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars.  Any  justice  of  the  peace  or  district  or  county  courts  of  the 
respective  counties  shall  have  jurisdiction  to  try  any  case  arising  under  the 
provisions  of  this  act. 

Sec.  10.  Sections  5,  6,  7,  8,  and  9 of  an  act  entitled  “An  Act  to  create  state 
and  county  boards  of  horticulture ; define  their  duties  and  compensation ; to 
protect  and  promote  the  horticultural  interests  of  the  State  and  to  repeal  an 
act  to  establish  a bureau  of  horticulture,  approved  March  8,  1883,”  approved 
April  5,  1893,  are  hereby  repealed. 

Sec.  11.  In  the  opinion  of  the  general  assembly  an  emergency  exists,  therefore 
this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  April  16,  1897. 


CONNECTICUT. 

Chapter  238,  General  Statutes  of  Connecticut. 

Section  4386.  State  entomologist ; appointment. — Said  board  of  control  shall 
appoint  a State  entomologist  to  hold  office  during  the  pleasure  of  the  board, 
who  shall  have  an  office  at  the  experiment  station,  but  shall  receive  no  com- 
pensation other  than  his  regular  salary  as  a member  of  the  station  staff.  He 
may  appoint  such  number  of  deputies,  not  exceeding  three,  as  he  may  deem 
necessary. 

Sec.  4387.  Duties. — The  State  entomologist,  either  personally  or  through  his 
deputies,  shall  visit  any  orchard,  field,  garden,  nursery,  or  storehouse,  on  request 
of  the  owner,  to  advise  treatment  against  pests.  He  may  inspect  any  orchard, 
field,  or  garden,  in  public  or  private  grounds,  which  he  may  know  or  have  reason 
to  suspect  to  be  infested  with  San  Jos§  scale  or  any  serious  pests  or  infectious 
diseases,  when  in  his  judgment  such  pests  or  infectious  diseases  are  a menace  to 
adjoining  owners;  and  may  order  the  owner,  occupant,  or  person  in  charge 
thereof,  in  writing,  to  properly  spray  or  give  other  suitable  treatment,  or  to  cut 
and  destroy  any  such  diseased  trees  or  shrubs,  if  in  the  opinion  of  the  State 
entomologist  such  action  is  necessary,  and  the  owner  thereof  shall  not  recover 
from  nor  be  recompensed  therefor  by  the  State.  If  the  owner  of  such  orchard, 
field,  or  garden  neglects  or  refuses  to  comply  with  the  order  of  the  said  State 
entomologist,  he  shall  be  fined  not  more  than  fifty  dollars.  The  State  entomol- 
ogist may  issue  such  bulletins  of  said  experiment  station  as  in  his  judgment  are 
needed  to  convey  information  about  pests ; may  conduct  experiments  and  inves- 
tigations regarding  injurious  insects  and  the  remedies  for  their  attacks ; diffuse 
such  information  by  means  of  correspondence,  lectures,  and  published  matter, 
and  may  employ  such  assistants  in  his  office,  laboratory,  or  in  the  field,  and 
purchase  such  apparatus  and  supplies  as  may  be  necessary.  He  shall  keep  a 
detailed  account  of  expenses,  and  publish  each  year  a report  of  such  expenses 
and  of  the  work  done. 

Sec.  4388.  Certificate  of  inspection  of  nursery  stock. — All  nursery  stock  shipped 
into  this  State  from  any  other  State,  county,  or  province  shall  bear  on  each 
package  a certificate  that  the  contents  of  said  package  have  been  inspected  by  a 
State  or  Government  officer,  and  that  said  contents  have  been  thoroughly  fumi- 
gated and  appear  free  from  all  dangerous  insects  or  disease.  In  case  nursery 
stock  is  brought  within  the  State  without  such  a certificate,  the  consignee  may 
return  it  to  the  consignor  at  the  latter’s  expense  or  may  call  the  State  entomologis 


26 


LAWS  AGAINST  INJURIOUS  INSECTS. 


to  inspect  the  same  and  deduct  the  costs  of  such  inspection  from  the  consignor’s 
bill  for  such  stock.  This  section  shall  be  deemed  to  be  a part  of  every  contract 
made  in  this  State  for  the  sale  of  nursery  stock  to  be  shipped  into  this  State. 

Sec.  4389.  Inspection  of  nurseries;  penalty. — All  nurseries  or  places  where 
nursery  stock  is  grown,  sold,  or  offered  for  sale  shall  be  inspected  at  least  once 
each  year  by  the  State  entomologist  or  one  of  his  deputies,  and  if  no  serious  pests 
are  found  a certificate  to  that  effect  may  be  given.  If  such  pests  are  found,  the 
owner  shall  take  such  measures  to  suppress  the  same  as  the  State  entomologist 
may  prescribe.  If  such  measures  are  not  immediately  taken  by  the  owner  of 
such  nursery  or  place  such  certificate  shall  be  withheld,  and  every  nurseryman 
who  does  not  hold  such  a certificate,  after  the  first  annual  inspection,  who  shall 
sell  or  otherwise  dispose  of  nursery  stock,  shall  be  fined  not  more  than  fifty  dol- 
lars. The  form  of  certificate  and  the  season  for  inspecting  nurseries  may  be 
determined  by  the  State  entomologist.  The  State  entomologist  or  any  of  his 
deputies  may  at  all  times  enter  any  public  or  private  grounds  in  the  performance 
of  his  duty. 

Sec.  4390.  Appropriation. — The  sum  of  three  thousand  dollars  is  appropriated 
to  carry  out  the  provisions  of  sections  4386,  4387,  4388,  and  4389,  which  sum  is 
to  be  paid  quarterly  to  the  treasurer  of  said  station,  who  shall  hold  the  same 
subject  to  the  order  of  the  State  entomologist. 


DELAWARE. 


Chapter  216. 

An  Act  to  provide  and  establish  a State  board  of  agriculture  and  to  prescribe  its  powers 

and  duties. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the  State  of  Dela- 
ware in  general  assembly  met: 

Section  1.  That  when  and  as  soon  as  this  act  becomes  a law,  the  governor  of 
this  State  shall  appoint  three  commissioners  of  agriculture,  by  and  with  a 
consent  of  a majority  of  all  the  members  elected  to  the  senate,  one  of  whom 
shall  reside  in  each  county  of  the  State,  and  one  of  whom  shall  be  of  different 
political  faith  from  the  other  two,  and  one  of  whom  shall  be  appointed  and  com- 
missioned for  the  term  of  one  year,  another  one  of  whom  shall  be  appointed 
and  commissioned  for  the  term  of  two  years,  and  the  remaining  one  of  whom 
shall  be  appointed  and  commissioned  for  the  term  of  three  years,  which  said 
commissioners  and  their  successors  in  office  are  hereby  made  a department  to 
be  known  as  the  State  board  of  agriculture,  to  continue  and  remain  such  for  the 
term  of  eight  years  from  the  date  of  the  qualifications  of  the  commissioners 
first  appointed,  and  to  remain  and  continue  such  board  after  such  term  or 
period  of  years  has  expired  and  until  said  board  shall  be  abolished  by  the 
general  assembly.  The  successors  to  the  commissioners  first  appointed  shall 
each  be  appointed  for  terms  of  three  years  when  and  as  the  terms  of  the  first 
commissioners  expire.  The  commissioners  shall  hold  office  until  their  succes- 
sors become  duly  qualified.  If  any  vacancy  occurs  in  the  office  of  commissioner 
of  agriculture  before  the  expiration  of  any  term  of  office  hereby  prescribed,  each 
vacancy  shall  be  filled  by  appointment  by  the  governor  for  the  remainder  of  the 
term : Provided,  however,  That  in  case  such  vacancy  shall  occur  when  the  senate 
is  not  in  session  such  vacancy  shall  be  filled  by  the  governor  without  confirma- 
tion by  the  senate  until  the  end  of  the  next  session  of  the  senate. 

Sec.  2.  The  commissioners  of  agriculture  shall  each  receive  as  compensation 


DELAWARE. 


27 


'or  their  services  the  sum  of  four  dollars  per  day  and  actual  traveling  expenses : 
Provided,  They  shall  not  exceed  twenty  days  in  each  year,  and  an  annual  appro- 
priation of  one  thousand  dollars  annually,  to  be  paid  quarterly  by  the  State 
I reasurer  out  of  any  moneys  appropriated  by  the  general  assembly  for  said 
>oard.  At  all  meetings  of  said  board  a quorum  for  the  transaction  of  any  and 
ill  business  that  may  come  before  the  board  shall  consist  of  any  two  of  the 
•ommissioners.  The  board  shall  meet  at  least  once  in  every  three  months  at 
jiuch  place  or  places  as  they  may  select.  The  first  meeting  of  the  board  shall  be 
held  within  ten  days  after  the  qualification  of  the  commissioners,  and  at  said 
jrieeting  the  board  shall  elect  one  of  its  members  as  president. 

Sec.  3.  The  board  of  agriculture  shall  have  and  possess  the  power  to  abate, 
Suppress,  eradicate,  and  prevent,  by  such  means  as  shall  be  prescribed  and  pro- 
dded by  law  or  by  rule,  order,  or  regulation  of  said  board,  the  San  Jose  scale, 
peach  yellows,  pear  blight,  and  all  other  contagious  and  infectious  and  injuri- 
ously dangerous  diseases  of  fruit  trees,  plants,  vegetables,  cereals,  horses,  cattle, 
nd  other  farm  animals ; to  devise  such  plans  for  securing  immigration  to  this 
State  of  industrious  and  useful  settlers  as  it  may  consider  advisable,  and  to 
xecute  such  plans  in  the  manner  prescribed  by  law ; to  make  and  adopt  rules 
or  the  government  of  the  board  and  the  same  to  change,  alter,  and  modify,  from 
| ime  to  time,  as  the  board  may  wish ; to  employ  and  discharge  such  inspectors, 
ifficers,  employees,  agents,  and  servants  as  in  its  opinion  may  be  necessary  to 
•arry  out  the  provisions  of  this  act : Provided,  however,  That  the  remuneration 
ir  wages  to  be  paid  to  any  such  inspectors,  officers,  employees,  or  agents  in  any 
I ear  shall  not,  together  with  the  other  expenses  of  the  board,  exceed  the  appro- 
priation annually  made  to  the  board  by  the  general  assembly  in  and  for  that 
hear;  to  make  rules  for  the  proper  government  of  all  inspectors,  officers, 
hmployees,  agents,  and  servants  who  may  be  employed  by  the  board. 

Sec.  4.  That  in  order  to  abate  and  prevent,  eradicate,  and  exterminate  the 
Diseases  of  fruit  trees  known  as  the  San  Jose  scale,  the  peach  yellows,  the  pear 
)!ight,  and  all  other  injuriously  dangerous  insect  pests  and  plant  diseases  which 
, aay  appear  in  this  State,  it  shall  be  the  duty  of  the  board  of  agriculture  to  seek 
but  and  suppress  in  the  manner  herein  provided  all  the  injurious  insect  pests 
md  diseases  hereinbefore  mentioned,  and  also  any  new  diseases  or  pests  destruc- 
tive to  the  agricultural  and  horticultural  interests  of  the  State,  and  also  to  con- 
' iuct  experiments  when  necessary  to  accomplish  that  end ; and  upon  knowledge 
j)f  the  existence  of  any  of  said  diseases,  or  any  new  disease  or  insect  pest  in  any 
>f  the  fruit  trees,  plants,  vines,  shrubs,  and  grains  of  this  State,  to  mark  or  tag 
n some  conspicuous  way  all  such  trees,  plants,  vines,  shrubs,  or  grains,  and  to 
potify  in  writing  the  owner  or  owners  thereof  or  the  tenant  in  possession  of  the 
'remises  in  which  the  said  trees,  vines,  plants,  shrubs,  or  grains  are  found  of  the 
.xistence  therein  of  said  disease,  or  any  new  disease  as  aforesaid,  and  to  pre- 
scribe the  proper  treatment  and  remedies  therefor,  and  should  such  owner  or 
>wners  of  such  infested  trees,  vines,  plants,  shrubs,  or  grains,  or  the  tenant  or 
enants  in  possession  of  the  premises  whereon  said  trees,  plants,  vines,  shrubs,  or 
brains  are  found,  neglect,  fail,  or  refuse  within  ten  days  after  receiving  the 
iiotice  aforesaid  to  apply  the  remedy  or  remedies  prescribed  by  the  board  of 
igriculture  and  also  in  the  manner  and  at  the  times  as  ordered  and  directed  by 
he  said  board,  then  and  in  such  case  it  shall  be  the  duty  of  the  said  board,  its 
igents,  or  servants,  to  cause  the  remedy  or  remedies  prescribed  to  be  applied  at 
he  expense  of  the  owner  or  owners  of  such  infested  trees,  plants,  vines,  shrubs, 
>r  grains,  and  said  board  shall  have  the  power,  when  it  deems  it  necessary,  to 
*ause  the  trees,  plants,  vines,  shrubs,  or  grains  so  infested  as  aforesaid  to  be 
lestroyed  at  the  expense  of  the  owner  or  owners  thereof,  or  the  tenant  or  tenants 


28 


LAWS  AGAINST  INJURIOUS  INSECTS. 


in  possession  as  aforesaid,  and  the  loss  to  fall  upon  such  owner  or  owners, 
tenant  or  tenants,  as  aforesaid. 

The  said  board  of  agriculture,  its  agents,  officers,  or  servants  shall  treat  or 
have  treated  at  the  expense  of  the  owner  or  owners  in  order  to  prevent  the 
spread  or  dissemination  of  the  aforesaid  insects  or  diseases,  or  any  new  ones 
which  may  appear,  and  all  suspicious  trees,  vines,  shrubs,  plants,  or  grains  found 
to  be  in  a dangerous  proximity  to  those  infested  as  aforesaid. 

Sec.  5.  That  should  any  owner  or  owners  of  any  trees,  vines,  shrubs,  plants, 
or  grains  infested  as  aforesaid,  or  the  tenant  or  tenants  in  possession  of  the 
premises  whereon  any  such  trees,  vines,  shrubs,  or  grains  are  found,  or  should 
any  owner  or  owners  of  any  trees,  vines,  shrubs,  plants,  or  grains  in  dangerous 
proximity  to  those  infested  as  aforesaid,  fail,  neglect,  or  refuse  after  thirty 
days’  notice  by  said  board  to  pay  all  of  the  expenses  incurred  by  the  said  board 
in  treating  or  in  destroying  such  infested  trees,  plants,  shrubs,  vines,  or  grains, 
or  those  in  dangerous  proximity  thereto,  he  or  they  shall  be  guilty  of  a misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  less  than  double  the 
amount  of  the  expenses  incurred  by  the  said  board  in  treating  or  destroying 
the  trees,  plants,  vines,  shrubs,  or  grains  aforesaid,  and  shall  also  be  liable  in  a 
civil  suit  to  be  brought  in  the  name  of  the  “State  board  of  agriculture  ” for  the 
recovery  of  such  expenses,  together  with  all  costs  of  suit.  Said  action  may  be 
brought  before  any  justice  of  the  peace  of  the  county  wherein  such  trees,  plants, 
vines,  shrubs,  or  grains  mentioned  herein  are  found,  or  in  the. superior  court  of 
the  State  of  Delaware  in  any  county.  The  right  of  appeal  shall  be  the  same  as 
in  other  civil  causes. 

Sec.  6.  That  in  order  to  accomplish  the  purposes  of  this  act,  the  said  board 
of  agriculture,  its  officers,  employees,  agents,  and  servants  are  hereby  author- 
ized to  enter  upon  any  public  premises,  parks,  cemeteries,  or  other  premises, 
or  upon  any  land  of  any  person  or  persons,  firm  or  firms,  corporation  or  corpora- 
tions within  this  State  for  the  purpose  of  inspecting,  examining,  destroying,  treat- 
ing, or  experimenting  upon  the  insects  and  diseases  aforesaid. 

Sec.  7.  That  it  shall  be  the  duty  of  the  board  of  agriculture  to  send  at  least 
one  of  its  officers,  agents,  or  employees  at  least  once  a year  into  each  county  of 
the  State  for  the  purpose  of  examining  and  determining  thereby  the  healthful- 
ness and  general  condition  of  the  horticultural  and  agricultural  interests. 

Sec.  8.  That  the  board  of  agriculture,  whenever  it  shall  receive  reliable 
information,  or  shall  otherwise  know,  that  any  dangerously  injurious  insect, 
pest,  or  disease  exists  in  any  tree,  vine,  shrub,  plant,  or  grain,  anywhere  in  the 
State,  shall,  in  addition  to  the  other  duties,  acts,  and  things  herein  prescribed 
to  be  done  and  performed  by  it,  warn  the  farmers  and  other  persons  residing 
in  the  hundred  in  which  any  such  insect,  pest,  or  disease  exists,  and  also  per- 
sons living  near  the  infested  places  of  the  nature  of  such  insect,  pest,  or  disease, 
and  the  localities  where  it  exists,  and  shall  also  furnish  to  the  said  farmers  and 
said  other  persons  any  and  all  information  and  knowledge  the  said  board  may 
have  or  be  able  to  procure  of  the  remedies  to  be  applied  to  suppress,  abate,  and 
eradicate  the  said  insects,  pests,  or  diseases. 

Sec.  9.  That  the  said  board  of  agriculture  shall  examine  and  inspect,  or  cause 
to  be  examined  and  inspected,  at  least  once  every  year,  at  such  time  as  it  shall 
deem  it  best,  any  and  all  nurseries  of  trees,  vines,  shrubs,  plants,  grafts,  cut- 
tings, and  buds  in  this  State  subject  to  the  aforesaid  insects,  pests,  and  diseases, 
nnd  if  found  apparently  free,  so  far  as  can  be  determined  by  inspection,  from  the 
insec  ts,  pests,  and  diseases  aforesaid  to  make  and  issue  and  give  to  the  owner  or 
owners  or  persons  in  charge  of  the  said  nurseries  a certificate  of  inspection  in 
such  form  as  said  board  may  prescribe,  certifying  that  such  nurseries  or  prem- 


DELAWARE. 


29 


ises  have  been  examined  and  inspected  and  are  apparently  free  from  all  insects, 
pests,  and  diseases  dangerously  injurious  to  nursery  stock.  If  any  of  the  said 
insects,  pests,  or  diseases  shall  be  found  in  any  nursery  or  orchard  or  on  any 
premises  within  the  State  where  said  nursery  stock  is  grown,  the  said  board  of 
agriculture,  its  officers,  agents,  or  servants,  shall  cause  to  be  destroyed  or  treated 
as  hereinbefore  provided,  such  portion  of  such  nursery  stock  as,  in  the  opinion 
of  said  board,  may  be  necessary,  and  shall  release  all  other  stock  grown  upon 
said  premises,  and  shall  make  and  issue  a certificate  of  inspection  to  the  effect 
and  in  the  manner  as  hereinbefore  prescribed;  and,  if  such  infested  nursery 
stock  be  destroyed  as  herein  provided,  then  the  owner  or  owners  shall  pay  the 
costs  thereof ; and  if  he  or  they  refuse  or  neglect  to  pay  the  same  it  shall  be 
collected  as  provided  in  section  5 of  this  act. 

Sec.  10.  That  it  shall  be  unlawful  for  any  nurseryman,  broker,  agent,  dealer, 
or  other  person  to  sell  or  offer  for  sale,  or  ship,  send  out,  or  give  away,  by  mail, 
express,  freight,  or  otherwise,  any  trees,  vines,  plants,  shrubs,  buds,  grafts,  or 
cuttings  from  any  nursery  or  orchard  mentioned  in  this  act,  or  any  premises 
within  this  State  where  said  nursery  stock  is  grown,  without  accompanying  the 
same  with  a copy  of  the  certificate  aforesaid,  printed  upon  a tag  or  label  not 
easily  destroyed,  which  shall  be  firmly  attached  or  fastened  in  a conspicuous 
position  upon  each  carload,  box,  bale,  or  package  so  sold  or  offered  for  sale,  or 
shipped,  sent  out,  or  delivered. 

Sec.  11.  That  if  any  nurseryman,  agent,  broker,  dealer,  or  other  person  shall 
sell  or  offer  for  sale  or  deliver  within  this  State  or  ship,  transport,  or  send  out  of 
this  State,  to  any  other  State  or  Territory  of  the  United  States,  or  foreign  pos- 
session thereof,  or  to  the  District  of  Columbia,  any  trees,  plants,  shrubs,  vines, 
grafts,  cuttings,  and  buds,  commonly  known  as  nursery  stock,  subject  to  the 
insects,  pests,  and  diseases  in  this  act  mentioned,  without  attaching  a copy  of 
the  certificate  aforesaid,  or  shall  deface  or  mutilate,  or  destroy  said  certificate, 
or  wrongfully  attach  a certificate,  he  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  forfeit  and  pay  a fine  of  not  more  than  five 
hundred  dollars  nor  less  than  one  hundred  dollars,  besides  the  costs  of  prosecu- 
tion, or  be  imprisoned  for  a term  of  not  less  than  one  month  nor  more  than  one 
year. 

Sec.  12.  That  all  trees,  plants,  vines,  shrubs,  buds,  grafts,  and  cuttings,  com- 
monly known  as  nursery  stock,  grown  or  handled  by  each  and  every  nursery- 
man in  this  State,  and  subject  to  the  aforesaid  insects,  pests,  and  diseases,  shall 
be  fumigated  or  treated  by  the  nurseryman  owning  the  same  in  the  manner, 
method,  and  way  prescribed  by  the  said  board  of  agriculture,  which  said  board 
is  hereby  authorized  and  empowered  to  make  and  adopt  rules  and  regulations, 
and  the  same  to  alter,  change,  and  modify  from  time  to  time,  as  in  its  judg- 
ment is  best  for  the  proper  fumigation  or  treatment  of  infected  trees,  plants, 
vines,  shrubs,  buds,  grafts,  and  cuttings.  If  any  person  shall  wilfully  and 
knowingly  violate  any  of  said  rules  he  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  forfeit  and  pay  a fine  of  twenty-five  dollars 
for  each  offense. 

Sec.  13.  That  when  any  trees,  plants,  shrubs,  vines,  buds,  grafts,  or  cuttings, 
commonly  known  as  nursery  stock,  are  shipped,  sent,  or  mailed  into  this  State 
to  any  nurseryman,  broker,  dealer,  agent,  or  other  person  in  this  State,  every 
carload,  bale,  box,  or  package  thereof  shall  be  plainly  labeled  on  the  outside 
with  the  name  of  the  consignor  and  the  name  of  the  consignee,  and  shall  have 
attached  or  fastened  thereto  a certificate  showing  that  the  contents  thereof  have 
been  examined  by  a duly  qualified  State  or  Government  officer  and  found  ap- 
parently free  from  all  insect  and  fungous  diseases  dangerously  injurious  to 
nursery  stock. 


30 


LAWS  AGAINST  INJUKIOUS  INSECTS. 


Sec.  14.  That  whenever  any  trees,  plants,  vines,  shrubs,  buds,  grafts,  or  cull* 
tings  are  shipped  or  sent  into  this  State  without  the  aforesaid  certificate  plainlll 
attached  or  fastened  on  the  outside  of  each  carload,  box,  bale,  or  package  thi 
same  shall  be  and  they  are  hereby  made,  deemed,  and  considered  public  nuill 
sances,  to  be  abated  in  the  manner  hereinafter  provided,  and  the  agent  of  thl 
transportation  company  or  person  or  firm  receiving  the  same  shall  not  delivel 
said  nursery  stock  to  any  one,  but  shall  at  once  notify  the  said  board  of  agricull 
ture  of  such  nuisances.  The  said  board  shall  thereupon  institute  proceeding! 
before  any  justice  of  the  peace  to  abate  such  nuisances.  The  said  justice  of  th! 
peace  shall  summon  all  parties  in  interest  before  him,  if  they  be  known  and  call 
be  summoned ; if  not,  then  such  of  them  as  can  be  summoned,  to  show  causa) 
why  such  nuisances  shall  not  be  abated ; and  at  the  trial  or  hearing  of  saiql 
cause,  if  the  said  justice  of  the  peace  shall  determine  that  the  provisions  oil 
this  act  have  been  violated,  he  shall  order  and  direct  that  the  nuisances  b(Jj 
abated  by  the  return  of  such  nursery  stock  by  the  agent  aforesaid  receiving  thffl 
same  to  the  consignor,  unless  such  consignor,  his  agent,  or  the  consignee  or  hisj 
agent  shall  at  his  or  their  own  expense  forthwith  have  the  nursery  stocky 
aforesaid  inspected  and  examined  by  a duly  authorized  officer  or  employee  ol 
said  board  of  agriculture,  and  said  officer  or  employee  shall  certify  to  said  justice 
of  the  peace  that  such  nursery  stock  is  apparently  free  from  the  disease  menii 
tioned  in  this  act,  and  tag  every  such  carload,  box,  bale,  and  package  so  inspected 
with  his  certificate ; but  if  said  agent,  consignor,  or  consignee  or  other  persorfl 
above  mentioned  shall  fail  or  neglect  to  have  said  inspection  made,  or  fail  to  re- 
turn such  carload,  box,  bale,  or  package,  then  said  justice  shall  order  said  nui- 
sances to  be  abated  by  totally  consuming  by  fire  the  contents  of  every  such  car-|‘ 
load,  box,  bale,  or  package  by  the  officers,  agents,  or  employees  of  said  board  of 
agriculture.  No  action  shall  be  brought  by  any  one  to  recover  any  damages  for 
any  loss  sustained  in  carrying  out  the  foregoing  provisions,  and  any  and  all  loss) 
shall  be  borne  by  the  person  suffering  the  same. 

Sec.  15.  That  if  any  agent  of  a transportation  company,  firm,  or  person  shall 
knowingly  receive  a carload,  box,  bale,  or  package  of  trees,  plants,  shrubs, | 
vines,  buds,  or  cuttings  without  a certificate  attached,  as  hereinbefore  provided,!1! 
and  shall  fail  to  immediately  notify  the  said  board  of  agriculture,  as  hereinbe- 
fore provided,  he  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  forfeit  and  pay  a fine  of  fifty  dollars  for  each  offense,  besides  the! 
costs  of  prosecution. 

Sec.  16.  That  if  any  nurseryman,  dealer,  or  agent  shall  sell,  ship,  or  deliver ; 
any  trees,  vines,  plants,  shrubs,  grafts,  or  cuttings  into  or  in  this  State  which 
are  infested  with  any  of  the  aforesaid  diseases,  and  which  upon  inspection  by 
the  said  board  of  agriculture  or  its  officers  or  agents  are  found  to  be  so  infested! 
the  said  nurseryman,  dealer,  or  agent  shall  forfeit  the  value  of  such  nursery 
stock  and  shall  not  collect  or  receive  the  same  from  the  purchaser  or  consignee ; i 
and  if  the  purchaser  or  consignee  has  theretofore  paid  for  said  stock,  either! 
in  whole  or  in  part,  he  shall  have  a right  of  action  against  such  nurseryman,] 
dealer,  or  agent  to  recover  the  sum  or  sums  so  paid  in  an  action  on  the  case.  I 
All  trees,  vines,  plants,  shrubs,  grafts,  and  cuttings  so  shipped,  sold,  or  de- 
livered as  aforesaid,  and  inspected  and  found  infested  as  aforesaid,  shall  be 
deemed  public  nuisances,  and  shall  be  abated  in  the  same  way  and  manner  as 
provided  for  in  section  14  of  this  act. 

Sec.  17.  The  said  board  of  agriculture  shall  submit  annually  to  the  governor 
a written  report  of  its  inspections,  experiments,  and  investigations  and  a full 
account  of  the  expenditures,  together  with  such  other  matters  as  may  be  deemed  j 
advisable  by  the  said  board,  and  with  such  recommendations  as  the  said  board  I 
shall  consider  proper  to  make,  which  the  governor  shall  transmit  to  the  general 


GEORGIA. 


31 


assembly  at  each  session  thereof ; and  which  said  report  shall  be  printed  in 
pamphlet  form  for  distribution  in  such  number  as  the  general  assembly  shall 
direct. 

Sec.  18.  That  all  moneys  appropriated  by  law  to  the  said  board  of  agriculture 
to  carry  out  the  provisions  of  this  act  except  the  salaries  of  the  commissioners 
shall  be  paid  by  the  State  treasurer  to  the  president  of  the  said  board  upon  the 
presentation  to  said  State  treasurer  by  said  president  of  a bond  for  the  sum 
of  three  thousand  dollars,  executed  by  him,  and  by  good  and  sufficient  sureties 
to  be  approved  by  the  governor,  conditioned  for  the  faithful  disbursement  of 
said  moneys  according  to  law.  The  said  president  shall  control,  handle,  and 
pay  off  such  moneys. 

Sec.  19.  That  it  shall  be  the  duty  of  the  said  board  of  agriculture  to  encourage 
and  invite  desirable  immigration  to  this  State,  and  for  this  purpose  the  said 
board  may  prepare,  publish,  and  circulate  circulars  or  pamphlets  setting  forth 
the  agricultural,  mechanical,  and  other  resources  of  the  State : Provided,  That 
the  amount  annually  expended  under  authority  of  this  section  shall  not  exceed 
the  sum  of  one  hundred  dollars. 

Sec.  20.  That  any  member  of  the  said  board  of  agriculture  who  shall  be  guilty 
of  neglect  of  duty  or  of  the  violation  of  any  of  the  provisions  of  this  act  shall, 
upon  conviction  thereof  before  any  justice  of  the  peace  of  this  State,  be  fined 
for  each  offense  an  amount  of  not  less  than  twenty-five  nor  more  than  fifty 
dollars,  together  with  costs  of  each  suit. 

Sec.  21.  That  all  fines  collected  under  the  provisions  of  this  act  shall  be  paid 
to  the  president  of  the  said  board  of  agriculture  by  the  officers  collecting  or 
receiving  the  same,  within  thirty  days  after  such  collection  or  receipt,  which 
shall  be  used  by  the  said  president  of  said  board  in  defraying  the  expenses  of 
the  board. 

Sec.  22.  That  the  said  board  of  agriculture  shall  have  power  to  compel  all 
growers  of  fruit  to  stamp  or  mark  the  baskets,  boxes,  packages,  crates,  parcels, 
or  other  receptacles  used  by  them  for  the  shipment  of  any  fruit  or  fruits  with 
his,  her,  or  their  name  or  names,  initial  or  initials,  or  with  some  distinguish- 
ing device  or  mark  which  may  be  readily  and  easily  read  and  seen  on  the  same ; 
and  said  board  may  adopt  rules  and  regulations  to  carry  this  into  effect.  If 
any  grower  of  any  fruit  or  fruits  shall  neglect  or  fail,  after  ten  days’  notice  of 
said  board,  to  comply  with  the  provisions  of  this  section,  he  or  she  or  they  shall 
be  guilty  of  a misdemeanor  and  upon  conviction  thereof  shall  forfeit  and  pay 
a fine  of  five  dollars. 


FLORIDA. 

There  is  no  law  in  Florida  relating  to  the  control  of  injurious  insects. 


GEORGIA. 

Acts  of  the  General  Assembly  of  Georgia,  Approved  December  21,  1897, 
December  20,  1898,  and  December  21,  1900. 

Be  it  enacted  by  the  general  assembly  of  Georgia: 

Section  1.  That  from  and  after  the  passage  of  this  act,  the  commissioner  of 
agriculture  of  the  State  of  Georgia,  the  president  of  the  Georgia  State  Horticul- 
tural Society,  and  the  president  of  the  Georgia  State  Agricultural  Society  shall, 
ex  officio,  constitute  a board  to  be  known  as  the  State  board  of  entomology,  of 


32 


LAWS  AGAINST  INJURIOUS  INSECTS. 


which  the  commissioner  of  agriculture  shall  be  chairman,  which  board  shall  havdl 
full  power  to  enact  such  rules  and  regulations  governing  the  inspection,  certil 
fication,  sale,  transportation,  and  introduction  of  trees,  shrubs,  cuttings,  buda 
vines,  bulbs,  and  roots  that  they  may  deem  necessary  to  prevent  the  furthei|l 
introduction,  increase,  and  dissemination  of  insect  pests  and  plant  diseases. 

Sec.  2.  That  the  State  entomologist  appointed  by  the  commissioner  of  agriJj 
culture,  under  the  provisions  of  the  act  cited  above,  approved  December  2l| 
1897,  shall  act  as  an  inspector  under  the  provisions  of  this  act,  and  it  shall  b( 
the  duty  of  the  said  board  to  promulgate  rules  and  regulations  in  accordance 
with  this  act  for  the  government  of  the  said  entomologist  in  the  duties  devolving 
upon  him  in  the  execution  of  the  provisions  of  this  act. 

Sec.  3.  That  the  salary  of  the  said  entomologist  shall  not  exceed  one  thousand] 
and  five  hundred  dollars  per  annum,  and  that  said  salary  shall  be  paid  out  ol 
the  funds  in  the  agricultural  department  arising  from  the  inspection  of  oils.' 
In  addition  to  the  above  appropriation,  the  sum  of  three  thousand  and  five  hun- 1 
dred  dollars  per  annum  is  hereby  appropriated  out  of  the  funds  in  the  agricul- 
tural department  arising  from  the  inspection  of  oils,  for  the  purpose  of  defray- 1 
ing  the  expenses  of  the  execution  of  this  act,  the  equipment  of  a laboratory,  tht 
traveling  and  other  incidental  expenses  of  the  entomologist,  and  the  issuing  ol 
reports  and  other  publications.  The  board  may  also  employ  such  assistants  tc 
the  entomologist  as  may  be  deemed  necessary. 

Sec.  4.  The  entomologist  shall  have  power  under  the  regulations  of  the  board! 
of  control  to  visit  any  section  of  the  State  where  such  pests  are  supposed  to! 
exist,  and  shall  determine  whether  any  infested  trees  or  plants  are  worthy  ol 
remedial  treatment  or  shall  be  destroyed.  And  he  shall  immediately  report  his 
findings  in  writing,  giving  reasons  therefor,  to  the  owner  of  the  infested  planta-t 
tion,  his  agents  or  tenants,  and  a copy  of  each  report  shall  also  be  submitted  to  i 
the  said  board.  In  case  of  objection  to  the  findings  of  the  inspector,  an  appeal] 
shall  be  made  to  the  said  board,  who  shall  have  the  power  to  summon  witnessed 
and  hear  testimony  on  oath,  and  whose  decision  shall  be  final.  An  appeal  must 
be  taken  within  three  days  and  shall  act  as  a stay  of  proceedings  until  it  is  heard 
and  decided. 

Sec.  5.  Upon  the  findings  of  the  inspector  in  any  case  of  infested  trees  or 
plants,  the  treatment  prescribed  by  him  shall  be  executed  at  once  (unless  an 
appeal  is  taken),  under  his  supervision  ; cost  of  material  and  labor  shall  be  borne 
by  the  owner : Provided,  however,  That  in  case  the  trees  or  plants  shall  be  con- 
demned, they  shall  be  destroyed  by  the  inspector,  and  the  expense  of  such  action 
shall  be  borne  by  the  owner.  No  compensation  shall  be  allowed  for  any  plants 
that  shall  be  destroyed. 

Sec.  6.  In  case  any  person  or  persons  refuse  to  execute  the  directions  of  the 
inspector  or  of  the  said  board  after  an  appeal,  the  county  judge  or  ordinary 
shall,  upon  complaint  filed  by  the  inspector  or  any  freeholder,  cite  the  person  or 
persons  to  appear  before  him  within  three  days’  notice  after  being  served,  and 
that  the  said  judge  or  ordinary  may  hear  and  determine  all  these  cases  in  vaca- 
tion ; and,  upon  satisfactory  evidence,  shall  cause  the  prescribed  treatment  to  be 
executed,  and  the  expense  thereof  and  costs  of  court  shall  be  collected  from  the 
owner  or  owners  of  infested  plants. 

Sec.  7.  It  shall  be  unlawful  to  offer  for  sale,  sell,  give  away  or  transport 
plants,  scions,  buds,  trees,  shrubs,  vines  or  other  plants,  tubers,  roots,  .cuttings, 
bulbs,  known  to  be  infested  with  dangerously  injurious  insects  or  plant  diseases. 
Any  person  or  persons  violating  this  section  shall  upon  conviction  thereof  be 
guilty  of  a misdemeanor. 


GEORGIA. 


33 


Sec.  8.  The  said  board  of  control,  its  agents  or  employees,  are  hereby  em 
powered  with  authority  to  enter  upon  any  premise  in  discharge  of  the  duties 
herein  prescribed.  Any  person  or  persons  who  shall  obstruct  or  hinder  them  or 
their  agents  in  the  discharge  of  these  duties  shall  be  deemed  guilty  of  a misde- 
meanor, and,  upon  conviction  thereof,  shall  be  guilty  of  a misdemeanor. 

Sec.  9.  The  board  shall  have  the  power  to  also  adopt  rules  and  regulations, 
not  inconsistent  with  the  laws  and  constitution  of  this  State  and  the  United 
States,  for  preventing  the  introduction  of  dangerously  injurious  crop  pests  from 
without  the  State,  and  for  the  governing  of  common  carriers  in  transporting 
plants  liable  to  harbor  such  pests  to  and  from  the  State,  and  such  regulations 
shall  have  the  force  of  laws. 

Sec.  10.  It  shall  be  unlawful  for  any  grower,  nurseryman,  or  corporation  to 
ship  within  the  State  of  Georgia  any  trees,  shrubs,  cuttings,  vines,  bulbs,  roots 
without  having  been  previously  inspected  by  either  a State  or  experimental  sta 
tion  entomologist  or  Government  officer,  within  twelve  months  of  the  date  of 
said  shipment,  and  certificate  of  inspection  to  accompany  each  box  or  package. 
Violation  of  this  clause  will  be  considered  as  a misdemeanor  and  punishable  as 
such. 

Sec.  11.  Be  it  further  enacted , That  the  members  of  the  said  board,  any  two 
of  whom  shall  constitute  a quorum  in  the  absence  of  the  third,  shall,  within  30 
days  from  the  passage  of  this  act,  draw  up  and  promulgate  through  the  press 
of  the  State  the  rules  and  regulations  necessary  to  carry  into  full  and  complete 
effect  the  provisions  of  this  act,  carefully  defining  what  diseases  or  maladies, 
both  insect  and  fungus,  shall  constitute  infestation  in  trees  or  plants  within  the 
meaning  and  purview  hereof. 

Sec.  12.  Be  it  further  enacted,  That  any  person  or  persons  residing  in  the 
State  of  Georgia,  dealing  in  or  handling  trees,  etc.,  shall  be  compelled  to  have 
his  or  their  stock  inspected  annually  on  or  before  the  1st  of  November  of  each 
year.  If,  upon  such  inspection,  such  stock  is  found  to  conform  to  the  require- 
ments of  the  board  of  control,  the  inspector  shall  furnish  a certificate  to  that 
effect.  And  any  such  person  or  persons  making  a shipment  before  the  filing  of 
such  certificate  with  the  chairman  of  the  board  of  control  shall  be  guilty  of  a 
misdemeanor. 

Sec.  13.  Each  and  every  person  residing  in  States  or  countries  outside  of  the 
State  of  Georgia  dealing  in  or  handling  trees,  plants,  cuttings,  vines,  shrubs, 
bulbs,  and  roots  in  this  State,  shall  register  his  name  or  firm  and  file  a copy  of 
his  or  its  certificate  of  inspection  furnished  by  the  entomologist,  fruit  inspector, 
or  duly  authorized  government  official  of  his  State  or  country,  with  the  chair- 
man of  the  board  of  control.  Upon  failure  so  to  do,  said  stock  shall  be  liable 
to  confiscation  under  order  of  the  inspector. 

Sec.  14.  When  two  reputable  citizens  of  any  county  in  Georgia  shall  notify 
the  board,  from  belief,  that  noxious  insects  or  plant  diseases  exist  in  their 
county,  the  said  inspector  shall  be  directed  to  ascertain  as  speedily  as  possible 
by  personal  investigation,  and  in  such  other  manner  as  he  may  deem  expedient, 
the  extent  of  the  infection,  and  shall  act  with  all  due  diligence  to  suppress  and 
eradicate  the  said  pests  and  give  notice  to  the  owner,  tenant,  or  agent  of  such 
premises  to  treat  such  infested  plants  according  to  the  methods  he  may  pre- 
scribe, or  destroy  them  within  ten  days  from  date  of  such  notice,  and  if,  after 
the  expiration  of  such  period  of  ten  days,  the  infested  plants  have  not  been 
treated  or  the  treatment  has  not  been  properly  applied  or  is  not  effectual  in 
ridding  plants  of  the  pests,  the  inspector  shall  cause  such  plants  to  be  properly 
treated  or  destroyed  as  his  judgment  warrants.  The  cost  of  the  work  shall  be 
covered  by  execution  from  the  owner  of  the  premises, 

7418— No.  61  m 3 


34 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Quarantine  Law  Against  the  Mexican  Cotton  Boll  Weevil. 

[Sections  of  an  act  of  the  general  assembly  of  the  State  of  Georgia,  approved  August 
15,  1904,  and  section  17  as  amended  August  23,  1905.] 

Section  15.  It  shall  be  unlawful  for  any  person  to  knowingly  bring  into  the 
State  of  Georgia  any  living  Mexican  boll  weevil,  or  any  cotton  bolls,  squares, 
plants,  or  seeds  containing  the  adult,  pupal,  larval,  or  egg  stage  of  said  Mexican 
boll  weevil  unless  the  person  shall  immediately  upon  its  discovery  at  once  destroy 
the  same  or  turn  over  the  same  to  the  State  entomologist.  Violation  of  this  sec- 
tion shall  be  punished  as  provided  by  section  1039  of  the  Penal  Code  of  Georgia 
of  1895. 

Sec.  1G.  No  cotton  seed,  seed  cotton,  cotton-seed  hulls  or  cotton  lint,  in  bales  or 
loose,  shall  be  brought  into  this  State  from  any  points  in  the  States  of  Texas  and 
Louisiana,  or  from  any  other  point  in  any  other  State  or  country  wherein  the 
Mexican  boll  weevil  is  known  to  exist,  without  having  attached  thereto  in  a 
prominent  and  conspicuous  manner,  a certificate  signed  by  a duly  authorized 
State  or  governmental  entomologist  stating  that  said  cotton  seed,  seed  cotton, 
cotton-seed  hulls,  or  cotton  lint,  was  grown  in,  and  that  the  shipment  of  same 
originated  in,  a locality  where  by  actual  inspection  by  said  official,  or  his  agent, 
the  Mexican  boll  weevil  was  not  found  to  exist.  Any  steamship,  railroad,  or 
express  company  or  other  common  carrier,  or  any  firm,  person,  or  corporation 
bringing  into  this  State  any  of  the  articles  above  mentioned  without  the  specified 
certificate  attached  shall  be  deemed  guilty  of  a misdemeanor.  In  case  any  com- 
mon carrier  enumerated  violates  this  section,  then  the  general  manager  of  such 
common  carrier  or  the  captain  of  such  offending  vessel  shall  he  deemed  guilty 
and  upon  conviction  shall  be  punished  as  provided  by  section  1039  of  the  Penal 
Code  of  Georgia  of  1895. 

Sec.  IT.  No  corn  in  the  shuck,  or  shipment  of  household  goods,  furniture,  ma- 
chinery, glassware,  or  supplies  of  any  description  which  are  [lacked  or  partially 
packed  in  or  with  cotton  lint,  cotton  seed,  seed  cotton,  hulls,  seed  cotton 
and  cotton  seed  sacks,  or  corn  in  the  shuck,  shall  be  shipped  into  this  State  from 
points  in  Texas  and  Louisiana,  or  any  other  State  or  country  in  which  the  Mexi- 
can cotton  boll  weevil  is  known  to  exist,  without  having  attached  thereto  in  a 
prominent  and  conspicuous  manner  the  certificate  provided  for  in  section  16. 

Sec.  18.  Transportation  companies  shall  immediately  notify  the  State  ento- 
mologist (Atlanta,  Ga.,)  when  by  oversight,  negligence,  or  otherwise  any  ship- 
ments of  the  nature  designated  in  sections  16  and  17,  without  a proper  certificate 
attached,  shall  arrive  at  any  station  or  wharf  in  this  State,  and  it  shall  be  his 
duty  to  proceed  as  speedily  as  possible,  by  himself  or  assistant,  to  investigate 
such  shipment.  If  upon  investigation  he  find  the  shipment  to  be  of  the  nature 
herein  designated  he  shall  order  same  removed  from  this  State.  Upon  failure 
of  the  owner  or  shipper  to  remove  same  within  forty-eight  hours  after  notice 
has  been  sent  him  by  wire,  said  shipment  shall  be  seized  and  burned. 

Sec.  19.  The  State  entomologist  and  his  assistants  shall  have  authority  to 
enter,  during  reasonable  business  hours,  any  depot,  warehouse,  freight,  wharf, 
transfer,  steamship,  or  express  office  in  this  State  and  shall  be  allowed  full 
.access  to  all  waybills,  invoices,  and  hills  of  lading  therein,  when  he  or  they  may 
deem  it  necessary  to  determine  the  presence  or  record  of  any  shipments  of  the 
nature  designated  in  sections  16  and  17  of  this  act.  The  State  entomologist 
and  Ills  assistants  shall  have  authority  to  enter  at  any  time,  for  the  purpose  of 
inspecting  shipments  therein,  or  for  determining  the  nature  of  shipments 
therein,  any  express  car  or  steamship  when  same  is  in  transit  or  lying  at  dock 
or  depot  in  charge  of  any  employee  or  official  of  the  company  owning  or  oper* 


GEORGIA. 


35 


ating  same.  Agents  and  employees  of  railroads  shall  be  required  to  open  for 
inspection  any  car,  sealed  or  unsealed,  at  any  siding,  freight  yard,  or  depot  in 
this  State,  when  so  ordered  by  the  State  entomologist  or  his  assistant  Any 
person  who  shall  refuse  to  comply  with  the  instructions  of  the  State  entomolo- 
gist or  his  assistants  as  herein  specified,  or  who  shall  offer  any  hindrance  or 
shall  obstruct  the  State  entomologist  or  his  assistants  in  the  discharge  of  their 
duties  as  herein  specified  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  shall  be  punished  as  provided  by  section  1039  of  the  Penal  Code  of 
Georgia  of  1895. 

Sec.  20.  The  State  entomologist,  himself  or  assistants,  shall  have  power  to  enter 
during  ordinary  business  hours  any  premises,  depot,  warehouse,  cotton  mill,  oil 
mill,  or  other  building  or  place  in  this  State  where  agricultural  products  are  or  are 
supposed  to  be,  for  the  purpose  of  inspecting  and  determining  whether  any  boll 
weevils  are  there  present.  In  case  of  finding  any  material  therein  infested  with 
the  boll  weevil  he  shall  at  once  give  instructions  to  the  owner,  agent,  or  tenant 
thereof  to  destroy,  fumigate,  or  treat  such  infested  material  in  such  manner  as 
in  his  judgment  he  may  deem  best.  But  in  the  event  said  material  should  be 
ordered  destroyed,  the  owner  shall  be  compensated  as  now  provided  by  law  in 
cases  where  property  is  condemned  for  public  use.  Failure  of  the  agent,  owner, 
or  tenant  to  comply  with  said  directions  (unless  an  appeal  be  taken  as  provided 
for  in  section  4 of  this  act)  or  the  removal  of  said  infested  material  or  any  part 
thereof  from  the  premises,  shall  be  deemed  a misdemeanor  and  shall  be  punished 
as  provided  by  section  1039  of  the  Penal  Code  of  Georgia  of  1895. 


Rules  and  Regulations. 

1.  In  accordance  with  section  11  of  said  act,  the  following  insects  and  fungous 
diseases  are  hereby  declared,  individually  and  severally,  to  constitute  infestation 
in  trees  and  plants,  this  list  to  be  revised  at  the  will  of  the  board  of  entomology  : 

The  San  Jose  scale  ( Aspidiotus  perniciosus) . 

The  new  peach  scale  ( Diaspis  pentagona). 

The  woolly  aphis  of  apple  ( Schizoneura  lanigera). 

Black  knot  of  plum  and  cherry  ( Plowrightia  morbosa). 

The  crown  gall  ( Dendrophagus  globosus). 

The  Mexican  cotton  boll  weevil  ( AntTionomus  grandis). 

Rosette  of  peach  and  plum. 

Yellows  of  peach. 

2.  The  State  entomologist  is  hereby  charged  with  the  enforcement  of  said  act, 
and  as  inspector  is  directed  to  locate  by  personal  investigation,  correspondence, 
and  in  such  other  manner  as  he  may  deem  best  the  above-named  pests  so 
far  as  they  may  exist  in  this  State,  and  give  proper  directions  and  take  such 
steps  in  accordance  with  the  above-cited  act  as  he  may  deem  necessary  to  con- 
trol or  eradicate  the  same. 

3.  In  accordance  with  section  5 of  the  above-cited  act,  the  State  entomol- 
ogist is  hereby  endued  with  power  to  condemn  and  destroy  any  infested  trees, 
shrubs,  or  other  plants  that  in  his  judgment  are  not  worthy  of  remedial  treat- 
ment, when  such  infestation  is,  or  is  likely  to  become,  a menace  to  the  agri- 
cultural interests  of  any  section  of  the  State,  or  when  the  owner  or.  owners  of 
infested  premises  shall  refuse  or  neglect  to  properly  execute  the  treatment  pre- 
scribed for  him  or  them. 

4.  Any  trees,  shrubs,  or  other  plants  commonly  known  as  nursery  stock  shipped 
within  the  State  of  Georgia  without  each  box,  bundle,  or  package  (in  each  car- 


36 


LAWS  AGAINST  INJURIOUS  INSECTS. 


load  or  less  than  carload  lot)  being  plainly  labeled  with  the  official  entomolo- 
gist’s certificate  to  the  effect  that  the  contents  of  same  have  been  inspected  and 
found  to  meet  with  the  requirements  of  the  board  of  entomology  in  accordance 
with  section  10  of  the  act  cited  above  shall  be  liable  to  confiscation  upon  the 
order  of  the  inspector. 

5.  No  trees,  shrubs,  or  other  plants  commonly  known  as  nursery  stock  shall 
be  sold,  delivered,  or  given  away  within  the  State  of  Georgia  without  being 
plainly  labeled  with  the  certificate  of  the  State  entomologist. 

6.  Persons  or  firms  within  the  State  of  Georgia  growing  for  sale  trees,  cut- 
tings, shrubs,  vines,  or  other  plants  commonly  known  as  nursery  stock  shall 
make  application  to  the  State  entomologist  (Atlanta,  Ga.)  for  inspection  and 
certificate  on  or  before  July  1st  of  each  year.  Any  person,  corporation,  or  firm 
failing  to  make  application  to  have  his  or  their  stock  inspected  as  aforesaid, 
after  receipt  of  notice  of  this  rule,  shall  not  be  permitted  to  offer  for  sale  in  this 
State  any  of  said  stock  not  inspected : Provided,  That  such  person,  corporation,  | 
or  firm  may  make  written  application  to  the  State  board  of  entomology  to  be  i 
relieved  of  his  or  their  default  and  consequences,  and  offering  to  pay  any  addi- 
tional expense  incurred  by  the  State  and  its  officers  by  reason  of  such  failure.  | 
The  board  may  upon  a proper  showing  order  an  inspection  of  said  nursery. 

7.  In  case  some  part  of  a nursery  shall  be  found  infested  with  San  Jose  j 
scale  no  certificate  shall  then  be  granted:  Provided,  however,  That  isolated  j 
blocks  of  nursery  stock  not  infested  may  be  considered  as  separate  nurseries  I 
and  a certificate  may  be  granted  covering  such  stock  after  all  stock  in  the  | 
infested  block  has  been  destroyed. 

8.  Each  and  every  box,  bundle,  or  package  of  trees,  shrubs,  and  other  plants  \ 
commonly  known  as  nursery  stock,  shipped  in  carload  lots  or  less  than  carload 
lots  into  the  State  of  Georgia  from  any  other  State  or  country,  shall  be  plainly  I 
labeled  with  a certificate  of  inspection  furnished  by  the  entomologist,  fruit  . 
inspector,  or  other  duly  authorized  official  in  the  State  or  country  in  which 
said  stock  was  grown,  and  also  with  the  official  tag  of  the  Georgia  State  board  I 
of  entomology  hereinafter  provided  for;  said  tag  to  be  valid  only  until  July  , 
1st  following  the  date  of  certificate  upon  which  it  is  based  (see  sections  9 and 
13  of  the  act  cited  above).  Such  shipments  not  so  labeled  shall  be  liable  to  < 
confiscation  upon  the  order  of  the  inspector. 

9.  Any  person  or  persons  residing  in  States  or  countries  outside  of  the  State  i 
of  Georgia,  dealing  in  or  handling  trees,  shrubs,  or  other  plants  in  this  State,  ; 
or  shipping  trees,  shrubs,  or  other  plants  therein,  shall  file  with  the  State  ento-  1 
mologist  (Atlanta,  Ga.)  a certified  copy  (or  signed  duplicate  of  original)  of  the  j 
certificate  issued  by  the  entomologist,  fruit  inspector,  or  other  duly  authorized  i 
official  of  the  State  or  country  in  which  said  stock  was  grown.  Such  certificate 
for  nurseries  south  of  the  northern  boundary  line  of  North  Carolina,  Tennessee, 
and  Arkansas  must  be  based  upon  an  inspection  made  not  earlier  than  July  1st,  j 
and  for  nurseries  north  of  said  line,  upon  an  inspection  made  not  earlier  than 
June  1st.  Said  person  or  persons  shall  also  file  with  the  State  entomologist  a i 
signed  statement  in  which  said  person  or  persons  agree  to  fumigate  with  hydro-  i 
cyanic-acid  gas  all  stock  shipped  into  the  State  of  Georgia.  Such  fumigation 
shall  be  in  a manner  approved  by  the  State  entomologist.  Upon  receipt  and  ; 
approval  of  the  certificate  and  statement  above  mentioned,  the  certificate  of 
the  Georgia  State  board  of  entomology  will  be  issued  to  the  applicant  without 
charge,  and  official  tags  bearing  a facsimile  copy  of  such  certificate  and  the  seal 
of  the  State  board  will  be  furnished  the  applicant  at  cost  of  printing,  viz:  ; 
Sixty  cents  for  the  first  one  hundred  or  part  thereof  and  twenty-five  cents  for 
each  additional  hundred. 


GEORGIA. 


37 


10.  No  transportation  company  or  common  carrier  shall  deliver  any  box, 
bundle,  or  package  of  trees,  shrubs,  or  other  plants  commonly  known  as  nursery 
stock,  shipped  from  any  other  State  or  country  to  any  consignee  at  any  station 
in  the  State  of  Georgia,  unless  each  box,  bundle,  or  package  is  plainly  labeled 
with  a certificate  of  inspection  furnished  by  the  official  entomologist  of  the  State 
or  country  in  which  said  stock  was  grown,  and  also  with  the  official  tag  of  the 
Georgia  State  board  of  entomology  hereinabove  provided  for.  Such  shipments 
of  the  nature  designated  above,  originating  in  the  State  of  Georgia,  need  only 
have  the  certificate  of  the  State  entomologist,  and  unless  his  certificate  is 
attached  to  each  and  every  box,  bundle,  or  package  of  trees,  etc.,  they  shall  not 
be  accepted  for  transportation. 

11.  Transportation  companies  shall  immediately  notify  the  State  entomolo- 
gist (Atlanta,  Ga.)  when,  by  oversight,  negligence,  or  otherwise,  any  ship- 
ment of  uncertified  stock  is  received  at  any  station  or  wharf  in  the  State,  and 
it  shall  be  his  duty  to  proceed  as  speedily  as  possible  to  investigate  and  dispose 
of  such  stock,  as  provided  for  in  the  act  cited  above. 

12.  All  trees,  shrubs,  or  other  plants  commonly  known  as  nursery  stock 
(with  the  exception  of  conifers  and  strawberry  plants)  offered  for  sale,  sold, 
or  given  away  in  this  State  shall  be  fumigated  with  hydrocyanic-acid  gas  by 
the  owner  under  the  direction  of  the  State  entomologist.  Eact  and  every 
nurseryman  within  this  State  growing  nursery  stock  for  sale  shall  construct 
and  maintain  upon  his  premises  an  air-tight  fumigating  house  or  box  and  shall 
maintain  such  fumigatorium  in  first-class  condition  for  fumigating  nursery  stock 
between  the  first  of  August  of  each  year  and  the  first  day  of  May  following. 
Said  fumigating  house  or  box  shall  be  regularly  inspected  by  the  State  ento- 
mologist or  his  assistant  in  connection  with  the  inspection  of  nurseries,  and  the 
owner  of  each  nursery  shall  be  required  to  demonstrate  to  the  inspector  that 
he  has  a practical  working  knowledge  of  fumigating  methods.  Upon  failure 
of  the  fumigating  house  or  box  to  pass  a satisfactory  inspection  at  the  time 
the  nursery  is  inspected  each  year,  no  certificate  shall  be  granted  until  such 
fumigatorium  has  been  placed  in  condition  for  properly  fumigating  nursery 
stock.  The  expenses  of  the  inspector  when  making  an  inspection  of  such  fumi- 
gating house  after  its  repair  or  alteration  shall  in  all  cases  be  paid  by  the 
nurseryman.  Upon  failure  of  any  nurseryman  or  dealer  in  nursery  stock  to 
comply  with  these  requirements  certificate  shall  be  withheld  or  cancelled. 

13.  Certificate  tags  of  a standard  size  shall  be  secured  through  the  State 
entomologist  for  attaching  to  all  shipments  and  deliveries  of  nursery  stock 
within  this  State.  Such  tags  shall  bear  the  printed  seal  of  the  State  board  of 
entomology  and  the  facsimile  signature  of  the  entomologist,  and  shall  be  fur- 
nished to  nurserymen  holding  proper  certificates  at  the  schedule  of  prices  given 
in  regulation  9. 

14.  On  and  after  January  1st,  1905,  all  nurserymen  or  dealers  in  nursery 
stock  selling  nursery  stock  within  this  State  shall  be  required  to  thoroughly 
fumigate,  in  accordance  with  the  directions  furnished  them  by  the  State  ento- 
mologist, all  nursery  stock  which  they  may  receive  from  points  without  the 
State  before  selling  or  delivering  such  stock  within  this  State. 

15.  Upon  the  inspection  of  any  nursery,  the  owner  of  said  nursery,  when  or- 
dered to  do  so  by  the  State  entomologist  or  by  the  inspector,  shall  file  with  the 
State  board  of  entomology  an  affidavit  to  the  effect  that  all  nursery  stock  grown 
by  him,  or  for  him  under  contract,  has  been  inspected,  and  that  the  inspectors 
have  been  advised  of  the  location  of  all  nursery  stock  owned,  controlled,  or 
contracted  for  by  him.  Certificate  shall  be  withheld  until  such  affidavit  is 
placed  on  file. 


LAWS  AGAINST  INJURIOUS  INSECTS. 


38 

16.  The  State  entomologist  is  hereby  authorized  to  publish  in  the  form  of  i 
bulletins,  reports,  or  through  the  press  of  the  State  any  matter  pertaining  toj 
the  distribution,  life  history,  habits,  and  treatment  of  insect  pests  and  fungous 
diseases,  or  other  such  matter  that  may  be  instructive  or  aid  in  the  suppression 
of  such  pests. 

17.  The  board  of  entomology  may  appoint  temporary  deputy  inspectors,  when 
it  appears  to  be  necessary,  to  assist  the  entomologist  in  the  enforcement  of  the 
act  cited  above,  and  such  deputy  inspectors  shall  have  full  power  to  enter  on 
premises  and  inspect  and  report  to  the  State  entomologist. 

18.  Appeals  from  the  decision  of  the  entomologist  should  be  addressed  to 
the  commissioner  of  agriculture  (Atlanta,  Ga.),  who  will  notify  the  appellant  J 
of  the  time  and  place  of  hearing  such  appeal. 

19.  The  State  entomologist  shall  be  secretary  of  the  board,  and  all  inquiries  I 
relative  to  the  provisions  of  the  above-cited  act  and  subject-matter  of  the  | 
same  should  be  addressed  to  him  at  Capitol  Building  (Atlanta,  Ga.). 


Revised  Regulations  of  the  Georgia  State  Board  of  Entomology  Relative  9 
to  the  Quarantine  Against  the  Mexican  Cotton  Boll  Weevil. 

1.  The  shipment  into  the  State  of  Georgia  of  cotton  lint  (loose,  baled,  flat,  or 
compressed),  cotton  seed,  seed  cotton,  hulls,  seed-cotton  and  cotton-seed  sacks  I 
(which  have  been  used),  and  corn  in  the  shuck  from  points  in  the  States  of  i> 
Texas  and  Louisiana  is  hereby  forbidden,  unless  such  shipment  shall  be  accom- fc 
panied  by  the  certificate  of  a State  or  governmental  entomologist  to  the  effect  I 
that  such  shipment  originated  in  a locality  where,  by  actual  inspection,  the  I 
Mexican  cotton  boll  weevil  was  not  found  to  exist. 

2.  Shipments  of  household  goods,  furniture,  machinery,  glassware,  or  supplies  | 
of  any  description  from  the  States  of  Texas  and  Louisiana  shall  be  admitted  j 
into  the  State  of  Georgia  only  when  accompanied  by  a certificate  (such  certifi- 1 
cate  to  be  attached  to  waybill),  as  mentioned  in  regulation  1.  and  provided  for 
by  an  act  of  the  legislature  of  the  State  of  Georgia  approved  August  15th,  1904,  j 
provided  any  of  the  articles  listed  in  regulation  1 are  included  in  such  ship-  j 
ment  or  used  as  packing  for  any  part  or  all  of  same. 

3.  Transportation  companies  shall  immediately  notify  the  State  entomologist 
(Atlanta,  Ga.)  when,  by  oversight,  negligence,  or  otherwise,  any  shipments  of, 
the  nature  designated  in  regulations  1 or  2 shall  arrive  at  any  station  or  wharf 
in  this  State  without  a proper  certificate  or  affidavit  attached ; and  it  shall  be  ll 
the  duty  of  the  entomologist  to  proceed  as  speedily  as  possible,  by  himself  or 
his  assistant,  to  investigate  such  shipments.  If,  upon  investigation,  he  find 
such  shipment  to  be  in  violation  of  regulations  1 and  2,  he  shall  at  once  order 
same  removed  from  this  State.  Upon  failure  of  the  owner  or  shipper  to  remove  j 
said  shipment  within  forty-eight  hours  after  notice  has  been  sent  him  by  wire 
said  shipment  shall  be  seized  and  burned. 

4.  Shipments  of  the  articles  quarantined  against  by  regulations  1 and  2 and! 
by  the  acts  of  the  legislature  of  the  State  of  Georgia  approved  August  15,  1904.  j 
and  August  23,  1905,  shall  be  made  through  this  State  to  points  in  other  States; 
only  when  in  tight-closed  cars.  Such  cars  shall  not  be  opened  at  any  point  while1 
in  transit  through  the  State  of  Georgia. 

5.  Shipments  of  nursery  stock,  fruit,  and  truck  into  this  State  from  points  in 
the  States  of  Texas  and  Louisiana  shall  be  admitted  only  when  none  of  the  ■ 
articles  mentioned  in  regulation  1 are  used  in  packing  same,  unless  such  ship- 
ment be  accompanied  by  a certificate  as  mentioned  in  regulation  1. 


HAWAII. 


39 


f>.  Shipments  of  live  stock  from  points  in  the  States  of  Texas  and  Louisiana 
into  the  State  of  Georgia  are  hereby  absolutely  prohibited  when  any  of  the 
articles  quarantined  against  are  used  as  bedding  or  feed  for  such  live  stock,  un- 
less accompanied  by  the  certificate  of  a State  or  governmental  entomologist  to 
the  effect  that  the  bedding  or  feed  originated  in  a locality  where,  by  actual 
inspection,  the  Mexican  cotton  boll  weevil  was  not  found  to  exist. 


HAWAII. 

Act  44.  (Session  Laws  of  1003.) 

An  Act  to  provide  for  the  encouragement  and  protection  of  agriculture,  horticulture,  and 

forestry. 

Be  it  enacted  by  the  legislature  of  the  Territory  of  Hawaii: 

Section  1.  Whenever  in  this  act  the  word  “ board  ” is  used,  it  shall  refer  and 
mean  the  board  of  commissioners  of  agriculture  and  forestry  by  this  act  pro- 
vided for. 

Hi  He  H*  H*  % H* 

Sec.  5.  It  shall  be  the  duty  of  the  board : 
******* 

(3)  Rules  and  regulations.  To  make  rules  and  regulations,  and  to  amend 
the  same  from  time  to  time  in  their  discretion,  subject  to  the  approval  of 
the  governor,  for  and  concerning  the  introduction,  transportation,  and  prop- 
agation of  trees,  shrubs,  and  plants  and  the  preservation,  protection,  extension, 
and  utilization  of  forests  and  forest  reserves,  both  natural  and  artificial : for 
the  quarantine,  inspection,  fumigation,  disinfection,  exclusion,  or  destruction, 
either  upon  introduction  into  this  Territory  or  at  any  time  or  place  within  the 
Territory,  of  any  soil,  nursery  stock,  tree,  sugar  cane,  shrub,  plant,  flower,  vine, 
cutting,  graft,  cion,  bud,  seed,  root,  fruit  pit,  fruit,  vegetable,  leaf,  nut,  or  other 
vegetable  growth  or  other  substances,  and  any  box,  barrel,  package,  or  packing 
material,  or  containers  in  which  said  articles,  or  any  of  them,  have  been  trans- 
ported or  contained  which  is  or  may  be  infected,  with  or  liable  to  assist  . in  the 
transmission  or  dissemination  of  any  insect,  blight,  scale,  or  disease  injurious  or 
liable  to  become  injurious  to  trees,  plants,  or  other  vegetation  of  value. 

Included  therein  may  be  rules  and  regulations  governing  the  shipping  be- 
tween the  different  islands  of  this  Territory  of  any  or  all  of  the  nursery  stock, 
trees,  and  other  articles  in  this  subsection  hereinabove  enumerated. 

And  also  with  power  to  prohibit  the  importation  into  the  Territory  from  any 
or  all  foreign  countries,  or  other  parts  of  the  United  States,  or  the  shipment 
from  one  island  within  the  Territory  to  another  island  therein,  of  any  specific 
article  or  class  of  articles  above  enumerated  which  are  liable  to  introduce 
or  disseminate,  or  assist  in  the  introduction  or  dissemination,  of  any  insect, 
blight,  scale,  or  disease  injurious  or  liable  to  become  injurious  to  trees,  plants, 
or  other  vegetation  of  value.  All  rules  and  regulations  made  as  aforesaid  shall 
have  the  force  and  effect  of  law. 

******* 

(9)  Superintendent  of  entomological  department.  To  appoint  a superin- 
tendent of  entomology,  who  shall  have  charge,  direction,  and  control  (subject 
to  the  direction  and  control  of  the  board)  of  all  matters  relating  to  the  exclu- 
sion or  eradication  of  insects,  scales,  blights,  and  diseases  injurious  or  liable  to 
become  injurious  to  trees,  plants,  or  other  vegetation  of  value ; and  relating  to 
the  quarantine,  inspection,  disinfection,  exclusion,  or  destruction  of  any  plant, 
article,  or  substance  injurious  or  liable  to  become  injurious  to  trees,  plants,  or 


40 


LAWS  AGAINST  INJURIOUS  INSECTS. 


other  vegetation  of  value  mentioned  in  or  coming  within  the  scope  of  this  act, 
and  of  such  other  matters  as  the  board  may  from  time  to  time  direct,  and  who  • 
shall  be  paid  such  salary  as  may  be  appropriated  by  the  legislature. 

The  said  superintendent  of  entomology  shall  be  a trained  and  educated  ento- 
mologist, who  has  made  the  subject  of  entomology  as  related  to  agriculture  a 
special  study  ; and,  if  such  a man  is  available,  one  who  has  had  practical  train- 
ing and  experience  in  connection  with  entomology  in  a tropical  country. 
******* 

Sec.  13.  No  soil,  nursery  stock,  tree,  sugar  cane,  shrub,  plant,  flower,  vine, 
cutting,  graft,  cion,  bud,  seed,  root,  fruit  pit,  fruit,  vegetable,  leaf,  nut,  or  moss 
shall  be  imported  into  the  Territory  of  Hawaii  except  in  the  manner  and  upon 
the  terms  and  conditions  hereinafter  set  forth,  viz : 

(1)  Labels.  A label  shall  be  affixed  to  the  article  desired  to  be  imported,  or 
if  it  is  enclosed,  to  the  box,  barrel,  case,  package,  or  other  container  in  wrhich  it 
is  enclosed,  which  label  shall  set  forth : 

(a)  The  name,  number  or  amount,  and  description  of  the  said  article  i 

or  articles. 

(b)  The  locality  where  the  same  was  produced. 

(c)  The  port  from  which  the  same  was  last  shipped. 

(d)  The  name  of  the  shipper  of  said  article  or  articles. 

(e)  The  name  of  the  consignee  of  said  article  or  articles. 

(2)  Request  for  inspection.  In  addition  to  any  requirements  of  the  customs 
authorities  concerning  invoices  or  other  formalities  incident  to  importations 
into  the  Territory,  the  importer  shall  file  a written  statement  wTith  the  board, 
signed  by  himself,  or  his  agent  or  attorney,  wThich  shall  set  forth  his  desire  to 
import  certain  articles  into  the  Territory,  which  articles  shall  be  described  as 
follows,  viz : 

(a)  The  name,  number  or  amount,  and  description  of  the  said  article 

or  articles. 

(b)  The  locality  where  the  same  was  produced 

(c)  The  port  from  which  the  same  were  last  shipped. 

(d)  The  name  of  the  shipper  thereof. 

(e)  The  name  of  the  consignee  thereof. 

The  said  statement  shall  also  contain  a request  that  the  board  examine,  or 
cause  to  be  examined,  the  articles  described  as  aforesaid,  and  agreeing  to  be 
and  become  responsible  for  all  costs,  charges,  and  expenses  incident  to  the  in- 
spection, examination,  fumigation,  disinfection,  quarantine,  and  care  of  said  arti- 
cles desired  to  be  imported. 

(3)  Blanks.  Suitable  blanks  shall  be  furnished  by  the  board,  upon  which  to 
make  such  requests,  which  blanks  may  provide  for  the  insertion  of  other  state- 
ments, and  may  contain  other  requirements  which  the  board,  in  its  discretion 
and  under  the  authority  herein  contained  to  make  rules  and  regulations,  may 
direct. 

(4)  Inspection.  Immediately  upon  receipt  of  a request  for  inspection,  in  ac- 
cordance with  the  provisions  hereinabove  set  forth,  or  as  soon  thereafter  as 
reasonably  practicable,  an  inspector  of  the  board  shall  inspect  the  said  article 
desired  to  be  imported. 

(5)  Place  of  inspection.  The  said  inspection  may,  in  the  discretion  of  the 
said  inspector,  be  made  on  the  vessel  importing  the  same,  on  the  wharf  adjacent 
thereto,  or  any  other  convenient  place  or  places  which  he  may  indicate ; but 
said  article  or  articles  shall  in  no  case  be  removed  from  the  vessel  importing  the 
same  except  upon  a written  permit  signed  by  said  inspector. 

(6)  Unpacking  or  removing.  If,  in  the  discretion  of  said  inspector,  it  is  nec- 


HAWAII. 


41 


essary,  advisable,  or  proper,  in  order  to  more  fully  inspect  the  said  articles,  to 
unpack  the  said  articles,  or  any  of  them,  or  to  remove  them,  or  any  of  them,  to 
any  other  place  or  places,  he  shall  have  authority  so  to  do  at  the  expense  of  the 
importer. 

(7)  Permit  to  import.  If,  upon  inspection  as  aforesaid,  or  at  any  time  there- 
after, if  the  said  article  or  articles  are  held  for  further  examination,  the  said 
inspector  shall  be  satisfied  that  the  said  articles  desired  to  be  imported,  or  cer- 
tain of  them,  are  free  from  insects,  blight,  scale,  and  diseases  injurious,  or  liable 
to  become  injurious,  to  trees,  plants,  or  other  vegetation  of  value,  he  shall  give 
the  importer  a certificate  of  inspection,  setting  forth  the  date  of  the  inspection 
or  inspections,  a description  of  the  articles  inspected,  and  permitting  them  to  be 
imported  into  this  Territory. 

(8)  Disinfection  or  quarantine.  If,  in  the  opinion  of  said  inspector,  it  shall 
be  necessary  or  proper,  for  the  better  securing  of  the  objects  of  this  act,  to  fumi- 
gate, disinfect,  or  quarantine  said  article  or  articles,  or  any  of  them,  he  shall 
have  authority  so  to  do,  at  the  expense  of  the  importer. 

If,  in  the  opinion  of  said  inspector,  it  shall  be  necessary  or  proper  to  hold  said 
article  for  continued  observation  or  treatment,  in  order  to  be  certain  that  no  infec- 
tion as  aforesaid  exists,  or  that  any  infection  which  exists  or  may  exist  therein 
may  be  eradicated,  said  inspector  may  so  hold  said  article  or  articles  in  quaran- 
tine for  said  purpose  or  purposes. 

(9)  Destruction  of  plants,  etc.  If  said  inspector  shall  at  any  time,  either 
upon  said  first  inspection  or  at  any  time  thereafter  while  the  said  article  or 
articles  are  being  held  as  aforesaid,  find  that  the  same  or  any  of  them,  are 
infected  with  or  contain  any  insect,  blight,  scale,  or  disease  injurious,  or  liable 
to  become  injurious  to  trees,  plants,  or  other  vegetation  of  value,  he  shall,  in 
his  discretion,  destroy  the  same  or  hold  the  same  for  further  treatment. 

(10)  What  constitutes  importation.  The  landing  of  any  article  as  aforesaid, 
for  the  purpose  of  inspection  or  quarantine,  shall  not  be,  nor  be  construed  to  be,  an 
importation  for  the  purpose  of  giving  to  the  article  or  articles  so  landed  any 
status,  or  the  owner  thereof  any  rights  or  privileges  incident  to  the  articles 
which  have  been  imported  into  the  Territory  ; but  in  legal  effect  the  articles  so 
landed  for  purposes  of  inspection  shall  be  construed  to  still  be  without  the 
Territory,  seeking  entry  into  the  Territory,  and  shall  not,  in  whole  or  in  part, 
be  entitled  to  be  imported  into  this  Territory  until  a permit  so  to  do,  as 
aforesaid,  shall  have  been  issued  by  the  board  or  officer  or  inspector  thereof. 

(11)  Exceptions  to  right  to  import.  Nothing  in  this  act  contained  shall  per- 
mit the  importation  of  any  article,  or  class  of  articles,  or  any  article  or  class 
of  articles  from  any  particular  place,  if  the  same,  or  any  of  them,  have,  by 
special  rule  or  regulation  of  the  board,  as  hereinbefore  provided,  been  prohibited 
from  importation  into  this  Territory. 

(12)  Port  of  importation  of  plants.  No  nursery  stock,  soil,  tree,  sugar  cane, 
shrub,  plant,  flower,  vine,  cutting,  graft,  scion,  bud,  seed,  root,  leaf,  nut,  moss,  or 
other  vegetable  growth  (except  hay,  grain,  fruit,  vegetables,  and  nuts  for  immedi- 
ate consumption)  shall  be  imported  into  the  Territory  of  Hawaii,  saving  and 
excepting  through  the  port  of  Honolulu  only. 

Sec.  14.  No  soil,  sand,  or  rocks  or  stone  having  soil  adhering  thereto,  brought 
to  this  Territory  as  ballast  or  separate  from  the  roots  of  plants,  trees  or  other 
vegetation,  except  such  as  are  suitable  for,  and  intended  to  be  used  as  or  in  the 
manufacture  of  fertilizer,  or  for  building,  mechanical,  or  monumental  purposes, 
shall  be  allowed  to  be  landed  in  this  Territory.  If  any  vessel  comes  to  this 
Territory  with  soil,  sand,  rocks,  or  stones  having  soil  adhering  thereto  on  board 
as  ballast  or  in  bulk,  and  it  is  desired  to  remove  the  same,  it  shall,  except  as 
aforesaid,  be  dumped  at  sea. 


42 


LAWS  AGAINST  INJURIOUS  INSECTS. 


No  soil  or  sand  brought  to  this  Territory  in  connection  with  or  around  the 
roots  of  plants,  trees,  or  other  vegetation,  or  rocks  or  stones  with  soil  or  sand' 
adhering  to  them,  shall  he  allowed  to  be  imported  into  this  Territory  until  the 
same  shall  have  been  removed  to  a suitable  place  for  inspection  and  quarantine, 
and  there  held  for  such  length  of  time  as,  in  the  discretion  of  the  board  or  its 
officers  or  agents,  shall  be  necessary  to  prove  that  it  is  not  infected  with  insects, 
blights,  scales,  or  diseases  injurious  to  trees,  plants,  or  other  vegetation  of  value. 

Sec.  15.  The  board  shall,  with  the  approval  of  the  governor,  adopt  a reason- 
able scale  of  charges,  which  may  be  changed  from  time  to  time,  for  the  inspec- 
tion, disinfection,  fumigation,  and  quarantine  authorized,  required,  or  permitted 
by  this  act.  Certificates  and  permits  herein  provided  for  concerning  articles] 
imported,  or  proposed  to  be  imported,  into  this  Territory,  and  the  charges  so 
provided  for  shall  be  paid  for  in  advance  before  any  certificate  or  permit  is 
delivered  or  any  of  said  articles  are  permitted  to  be  landed.  If  thereafter  fur- 
ther expense  is  incurred  in  the  inspection,  treatment,  or  quarantine  of  any  of  I 
said  articles,  the  charges  therefor  shall  be  paid  before  any  of  said  articles  shall 
be  delivered. 

Sec.  16.  Any  person  violating  any  of  the  provisions  of  this  act,  and  any  master  I 
of  any  vessel  which  shall  bring  into  this  Territory  any  article  which  the  board  ] 
shall  at  any  time  prohibit  from  being  imported  into  this  Territory;  and  the] 
master  of  any  vessel  from  which  shall  be  landed  any  article  in  this  act  required] 
to  be  inspected,  until  he  shall  have  received  a permit  to  land  the  said  articles] 
from  the  board  or  its  officer  or  inspector,  as  herein  provided,  shall  be  guilty  ] 
of  a misdemeanor,  and  shall  be  punished  by  a fine  not  to  exceed  $500,  or  impris-] 
onment  as  aforesaid,  in  the  discretion  of  the  court. 

Sec.  17.  Any  person  who  shall  feel  aggrieved  at  any  decision  of  any  inspector  j 
of  the  board  shall  have  the  right  to  appeal  from  such  decision  to  the  board.  | 
The  board  shall  give  a prompt  hearing  to  the  appellant  and  the  inspector  upon  i 
such  appeal,  and  decide  the  question  at  issue,  which  decision  shall  be  final. 


Rules  and  Regulations  Prohibiting  the  Introduction  of  Certain  Fruits  I 
and  Animals  into  the  Territory  of  Hawaii. 

rule  i. 

Section  1.  For  the  purpose  of  preventing  the  introduction  into  the  Territory  ] 
of  Hawaii  of  fruit  flies,  their  larvae  or  pupae  and  other  insects  injurious  or  liable  i] 
to  become  injurious  to  trees,  plants,  fruit,  or  other  vegetation  of  value,  all  per-  9 
sons,  companies,  and  corporations  are  hereby  prohibited  from  introducing  or  i 
importing  into  the  Territory  of  Hawaii,  or  into  any  of  its  ports  for  the  purpose  1 
of  debarkation  into  the  said  Territory,  any  fresh  fruit  from  East  or  West  Indies,  9 
Asia,  Australasia,  Oceanica,  Malaysia,  Mexico,  Central  and  South  America. 

Sec.  2.  If  any  fresh’ fruit  shall  be  imported  or  introduced  into  the  Territory  of 
Hawaii,  or  into  any  of  its  ports,  for  the  purpose  of  debarkation  into  said  Terri-  3 
tory,  contrary  to  law  or  this  regulation,  the  same  shall,  in  the  discretion  of  the  I 
board  of  commissioners  of  agriculture  and  forestry,  or  its  duly  authorized  agent,  I 
officer,  or  inspector,  be  immediately  destroyed  or  deported  at  the  expense  of  the  1 
importer  or  introducer,  and  the  person  or  persons  or  corporation  introducing  or  . 
importing  the  same  shall  be  guilty  of  a misdemeanor  and  shall  be  liable  to  the  ] 
penalty  or  penalties  provided  by  law. 

Sec.  3.  This  regulation  shall  take  effect  from  and  after  the  approval  thereof 
by  the  governor. 

Approved  October  25,  1904. 


IDAHO. 


13 


RULE  II. 

Section  1.  For  the  purpose  of  preserving  and  protecting  the  forests  and  the 
agricultural  and  horticultural  interests  of  the  Territory  of  Hawaii,  all  persons, 
companies,  and  corporations  are  hereby  prohibited  from  importing  or  introduc- 
ing into  the  Territory  of  Hawaii,  or  into  any  of  its  ports,  for  the  purpose  of 
debarkation  into  the  said  Territory,  any  live  animal  or  animals  known  as 
“flying  fox”  ( Pteropus ) or  “fruit-eating  bat,”  or  any  crustacean  known  as 
“ land  crab,”  or  any  other  animal,  bird,  reptile,  or  insect  injurious,  or  liable  to 
become  injurious,  to  forests,  trees,  plants,  or  other  vegetation  of  value. 

Sec.  2.  If  any  animal,  bird,  reptile,  or  insect  is  imported  or  introduced  into 
the  Territory  of  Hawaii,  or  into  any  of  its  ports,  for  the  purpose  of  debarkation 
into  the  Territory  of  Hawaii,  contrary  to  law  or  this  regulation,  the  same  shall, 
in  the  discretion  of  the  board  of  commissioners  of  agriculture  and  forestry,  or 
its  duly  authorized'  agent,  officer,  or  inspector,  be  immediately  destroyed  or 
deported  at  the  expense  of  the  importer  or  introducer,  and  the  person  or  persons 
or  corporation  introducing  or  importing  the  same  shall  be  guilty  of  a misde- 
meanor and  shall  be  liable  to  the  penalty  or  penalties  provided  by  law. 

Sec.  3.  This  regulation  shall  take  effect  from  and  after  the  approval  thereof 
by  the  governor. 

Approved  October  25,  1904. 


IDAHO. 

An  Act  to  create  and  define  the  duties  of  a State  board  of  horticultural  inspection  and 
the  appointment  of  a State  horticultural  inspector  and  deputies ; to  appropriate 
money  for  their  expenses,  and  defining  the  duties  thereof ; to  prevent  the  gift,  sale, 
distribution,  transportation,  importation,  or  planting  of  infested  trees,  vines,  plants, 
cuttings,  scions,  grafts,  pits,  buds,  or  other  articles,  and  to  provide  for  the  disinfec- 
tion or  destruction  of  the  same  ; to  provide  for  the  extirpation  of  insect  pests  or  fun- 
gus diseases  found  on  trees,  shrubs,  vines,  plants,  fruit ; to  provide  penalties  for  fail- 
ure to  comply  with  the  provisions  of  this  act. 

Section  1.  There  is  hereby  created  the  State  board  of  horticultural  inspection, 
which  board  shall  consist  of  five  members  as  follows : The  director  of  the  ex- 
periment station  and  the  professor  of  zoology  of  the  University  of  Idaho  shall 
be  ex  officio  members  of  said  board,  and  the  other  three  members  shall  be  ap- 
pointed by  the  governor  of  the  State  as  soon  as  may  be  after  the  passage  of 
this  act,  and  shall  hold  their  office  for  a term  of  three  years,  or  until  their  suc- 
cessors are  appointed  and  qualified,  and  in  making  said  appointments  the  gov- 
ernor shall  consider  the  recommendations  of  the  State  horticultural  society  as 
to  the  proper  persons  to  appoint : Provided,  That  of  the  three  members  first 
appointed  after  the  passage  of  this  act,  one  shall  hold  his  office  for  one  year,  one 
for  two  years,  and  one  for  three  years  from  the  date  of  his  appointment. 

Sec.  2.  Before  entering  on  the  duties  of  his  office  each  member  of  said  board 
shall  take  and  subscribe  the  official  oath  prescribed  for  State  officers,  which 
oath  shall  be  filed  in  the  office  of  the  secretary  of  state. 

Sec.  3.  Said  board  shall  meet  immediately  after  the  passage  and  approval  of 
this  act,  when  it  shall  elect  a president  and  a secretary  from  its  number,  who 
shall  hold  their  office  during  the  pleasure  of  the  said  board.  The  secretary 
shall  perform  such  duties  as  may  be  prescribed  by  the  board,  and  shall  receive 
such  compensation  as  the  board  may  establish,  not  exceeding  .$350.00  per  annum. 

Said  board  shall  meet  annually  at  such  times  and  at  such  places  as  it  may 
determine. 


44 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Sec.  4.  The  board  shall  appoint  a State  horticultural  inspector,  whose  juris- 1 
diction  shall  extend  throughout  the  State,  and  shall  fix  his  salary  at  not  less  9 
than  $900  per  annum.  They  shall  also  divide  the  State  into  not  more  than  ten  I 
districts,  and  the  State  horticultural  inspector  shall  appoint,  subject  to  the  con- 1 
firmation  of  the  board,  a deputy  State  horticultural  inspector  for  each  district  so  I 
established  if  necessary.  The  persons  so  appointed  shall  be  especially  quali- 1 
fied  for  their  position  by  reason  of  a practical  knowledge  of  horticulture  and  I 
the  pests  incident  thereto.  Their  jurisdiction  shall  be  limited  to  their  respec- 1 
tive  districts.  Said  inspectors  shall  hold  their  office  during  the  pleasure  of  said  I 
board.  Said  board  shall  make  an  estimate  of  the  amount  of  money  available  A 
for  each  district  for  each  year,  and  no  inspector  shall  incur  any  expense  in  the  1 
discharge  of  his  duties  in  excess  of  said  estimate  furnished  him  by  said  board.  9 
The  aggregate  sum  of  all  the  estimates  furnished  to  the  various  inspectors  in  J 
any  one  year  must  in  no  case  exceed  the  amount  available  for  carrying  out  this  I 
act  for  such  year. 

Sec.  5.  Each  inspector  so  appointed  shall  receive  as  compensation  for  his  tj 
services  as  such  inspector  the  sum  of  five  dollars  per  day  for  each  day  actually  1 
and  necessarily  employed  in  the  discharge  of  his  duties  as  prescribed  in  this  I 
act.  Such  compensation  shall  be  paid  out  of  the  general  fund  of  the  State,  upon 
warrants  duly  drawn  by  the  State  auditor,  only  after  the  bills  presented  for 
such  services  shall  have  been  audited  and  approved  by  the  secretary  and  a | 
majority  of  said  board  and  audited  as  other  bills  against  the  State  of  Idaho. 

Sec.  6.  It  shall  be  the  duty  of  said  inspectors,  or  State  inspector,  either  on  1 
their  own  motion,  or  upon  the  complaint  of  interested  parties,  to  enter  and  make,  I 
or  cause  to  be  made,  inspection  of  any  field,  rights-of-way,  of  any  irrigation  A 
canals,  or  railways,  public  highways,  fields,  orchards,  nurseries,  fruit  packing  J 
houses,  storerooms,  sales-rooms,  depots,  or  other  places  where  fruits  are  grown  I 
or  stored,  and  of  fruits,  trees,  vines,  plants,  shrubs,  or  other  articles  within  the  I 
State,  supposed  to  be,  or  liable  to  be,  infested  with  pests,  or  with  their  eggs  or  I 
larvae,  or  infested  with  any  contagious  diseases  injurious  to  fruits,  plants,  trees,  I 
shrubs,  vines,  as  hereinafter  provided.  If  upon  any  inspection  there  be  found 
any  disease,  or  pests,  eggs,  or  larvae  of  any  pests  injurious  to  fruits,  plants,  9 
trees,  shrubs,  or  vines,  the  inspector  shall  notify  the  owner  or  owners,  or  the  ;| 
person  or  persons  in  charge  or  in  possession  of  said  places,  fields,  orchards,  9 
nurseries,  trees,  plants,  shrubs,  vines,  fruits,  or  other  articles  as  aforesaid ; the  in-  9 
spector  shall  require  such  person  or  persons  to  eradicate  or  destroy  said  injurious  9 
pests  or  insects,  or  their  eggs  or  larvae  within  a reasonable  time,  to  be  specified,  jfl 
Said  notice  shall  be  served  in  person  or  in  writing  on  said  person  or  persons,  or  9 
either  of  them,  owning  or  having  in  charge  such  infested  places,  rights-of-way.  J 
fields,  orchards,  nurseries,  trees,  shrubs,  vines,  plants,  fruits,  or  other  articles  9 
as  visited  by  the  inspector,  or  it  may  be  served  in  the  same  manner  as  the  sum-  :f 
mons  in  a civil  action.  If  the  owner  or  owners,  or  person  or  persons  in  charge  A 
or  in  possession,  of  any  highway,  rights-of-way  of  canal  or  railways,  fields,  m 
orchards  or  nurseries,  or  trees  or  plants,  or  other  articles  infested  with  any  in-  R 
sect,  or  their  eggs  or  larvae,  or  any  disease  injurious' to  any  trees,  fruits,  vines,  |1 
shrubs,  plants,  or  any  other  articles  infested,  after  having  been  notified,  as  1 
above,  to  eradicate  and  destroy  the  same,  shall  fail,  neglect,  or  refuse  so  to  do,  | 
then  any  and  all  such  places,  public  highways,  rights-of-ways,  fields,  orchards,  -I 
nurseries,  trees,  plants,  vines,  fruit,  or  other  articles  thus  infested  are  adjudged  j 
and  declared  to  be  a public  nuisance  and  shall  be  proceeded  against  as  such ; 9 
and  whenever  any  such  nuisance  shall  exist  at  any  place  in  the  State  or  on  the  j 
property  of  any  non-resident,  or  on  any  highway,  rights-of-way,  or  fields  as  : I 
aforesaid,  or  on  any  property  the  owner  or  owners  of  which  can  not  be  found 


IDAHO. 


45 


within  the  State  or  on  any  property  where  notice  has  been  served  as  aforesaid 
and  where  the  owner  or  those  in  possession  shall  refuse  or  neglect  to  abate  such 
nuisance  within  the  time  specified,  it  shall  be  the  duty  of  the  district  inspector 
within  the  county  wherein  the  nuisance  is  to  be  abated,  or  State  inspector,  or 
either  of  them,  and  he  is  hereby  empowered  to  cause  said  nuisance  to  be  abated 
at  once  by  eradicating  or  destroying  all  said  pests  or  their  eggs  or  larvae,  or  by 
disinfecting  or  destroying  all  fruits,  trees,  vines,  plants,  shrubs,  pits,  scions,  or 
other  articles  upon  which  said  fungous  diseases  or  pests  or  their  eggs  or  larvae 
may  be  found.  The  expense  of  such  proceedings  shall  be  paid  out  of  the  gen- 
eral fund  of  the  State  in  the  same  manner  as  set  forth  for  paying  said  in- 
spectors. All  sums  so  paid  shall  be  collected  from  the  parties  owning  said  real 
estate  on  which  said  nuisance  was  situated  by  civil  suit  in  the  name  of  the 
board  herein  created,  and  it  shall  be  the  duty  of  the  county  attorney  of  the 
county  in  which  said  real  estate  is  situated  to  bring  suit,  and  said  sum,  when 
collected,  shall  be  paid  into  the  State  treasury. 

Sec.  7.  The  inspectors  are  hereby  vested  with  all  the  necessary  authority  to 
enforce  quarantine  against  any  infested  fields,  lots,  rights  of  way,  orchards, 
nurseries,  trees,  plants,  buds,  scions,  or  any  other  place  or  article  within  the 
State  when  the  same  may  be  liable  to  spread  contagious  diseases  injurious  to 
fruit  or  trees  or  fruit  crops  of  any  kind,  and  to  provide  necessary  rules  and 
regulations  to  govern  the  same. 

Sec.  8.  No  person,  firm,  or  corporation  shall  hereafter  engage  in  or  continue 
in  the  business  of  importing  and  selling  within  the  State  any  fruit  trees,  forest 
trees,  vines,  plants,  shrubs,  scions,  pits,  or  other  nursery  stock  without  first 
making  an  application  therefor  to  the  State  board  of  horticultural  inspection, 
which  said  application  in  writing  shall  be  accompanied  with  a good  and  satis- 
factory bond  in  the  sum  of  one  thousand  dollars  to  be  approved  by  the  State 
board  of  horticultural  inspection,  conditioned  for  the  faithful  observance  of  all 
of  the  provisions  of  this  act  and  of  the  laws  of  the  State  of  Idaho  by  said  appli- 
cant or  applicants  and  their  agents  and  representatives.  As  soon  as  said  appli- 
cation is  received  and  said  bond  approved,  it  shall  be  the  duty  of  said  board 
of  horticultural  inspection  to  issue  a certificate  to  such  applicant  or  applicants 
with  the  provisions  of  this  section,  and  thereafter  the  said  applicant  or  appli- 
cants shall  be  authorized  and  permitted  to  carry  on  said  business  within  the 
State  of  Idaho. 

Sec.  9.  No  person,  firm,  or  corporation,  after  importing  into  the  State  any 
fruit  trees,  forest  trees,  vines,  plants,  shrubs,  scions,  pits,  or  other  nursery 
stock,  shall  sell  or  offer  for  sale  or  dispose  of  the  same  without  first  thoroughly 
fumigating  the  same  with  hydrocyanic  gas,  unless  said  fruit  trees,  forest  trees, 
vines,  plants,  shrubs,  scions,  pits,  or  other  nursery  stock  be  accompanied  by  a 
certificate  from  a competent  person  duly  authorized  by  law  in  the  State,  Terri- 
tory, or  District  wherein  said  stock  was  grown  showing  that  the  said  stock 
had  been  properly  fumigated  or  disinfected  by  hydrocyanic  gas  before  being 
shipped. 

Sec.  10.  Any  person,  persons,  firm,  or  corporation,  his  or  their  agents,  who  shall 
bring  or  import  into  the  State  fruit  trees,  forest  trees,  vines,  plants,  shrubs, 
scions,  pits,  or  other  nursery  stock  with  intent  to  sell  or  dispose  of  the  same 
without  first  making  application  to  the  State  board  of  horticultural  inspection, 
filing  the  necessary  bonds,  and  securing  the  certificate  provided  for  in  section 
S of  this  act,  or  who,  having  imported  said  fruit  trees,  forest  trees,  vines,  plants, 
shrubs,  scions,  pits,  or  other  nursery  stock  into  the  State  with  the  intent  to  sell 
or  dispose  of  the  same,  or  any  part  thereof,  without  first  notifying  the  State 
horticultural  inspector  or  the  deputy  district  inspector  thereof,  or  having  the 


4fi 


LAWS  AGAINST  INJURIOUS  INSECTS. 


said  fruit  trees,  forest  trees,  vines,  plants,  shrubs,  scions,  pits,  or  other  nursery 
stock  fumigated,  as  provided  in  section  0 of  this  act,  or  where  found  infested 
shall  fail  or  refuse  to  destroy  or  disinfect  the  same,  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  be  punished  as  provided  by 
section  14  of  this  act. 

Sec.  11.  All  peach,  nectarine,  apricot,  plum,  prune,  almond,  or  other  trees 
budded  or  grafted  on  peach  stock  or  roots;  all  peach  or  other  pits,  cuttings, 
buds,  or  scions  raised  or  grown  in  a district  where  “ peach  yellows  ” or  “ peach 
rosette  ” is  known  to  exist  are  hereby  prohibited  from  being  offered  for  sale, 
gift,  distribution,  transportation,  or  planting  within  the  State  of  Idaho.  Any 
person  or  persons,  dealers,  shippers,  transportation  companies,  or  their  agents 
who  shall  be  in  the  possession  of  any  such  property  for  any  purpose  shall,  when 
required  by  the  inspector,  burn  the  same  without  delay. 

Sec.  12.  Fruit  of  any  kind,  trees,  plants,  shrubs,  cuttings,  grafts,  buds,  seeds, 
scions,  pits,  or  any  articles  of  any  kind  grown  in  any  foreign  country  or  in  any 
of  the  United  States  or  Territories  infested  by  any  insect  or  insects  or  their 
eggs  or  larvae,  or  by  any  fungous  diseases  or  their  germs  known  to  be  injurious 
to  fruit  or  fruit  trees,  or  other  trees,  plants,  vines,  shrubs,  or  other  articles 
liable  to  spread  contagion,  are  hereby  prohibited  from  being  offered  for  sale, 
gift,  distribution,  transportation,  or  planting  in  any  county  in  this  State,  unless 
the  same  shall  have  been  examined  by  the  State  inspector,  or  his  deputy  for 
such  district,  and,  if  found  diseased  or  infested,  shall  have  been  thoroughly 
disinfected  in  such  manner  as  may  be  required  by  the  inspector,  the  owner  to 
pay  the  expense  of  such  disinfection. 

Sec.  13.  Any  person  or  persons  shipping  fruit  trees,  or  trees  of  any  kind, 
shrubs,  vines,  scions,  cuttings,  or  plants  within  the  State  shall  affix  to  each 
package,  bundle,  or  parcel  containing  the  same  a distinct  mark,  stamp,  or  label 
showing  the  name  of  the  shipper  or  grower,  the  locality  where  grown,  and  the 
variety  of  said  trees,  shrubs,  vines,  grafts,  scions,  cuttings,  plants,  or  buds ; 
also  any  person  or  persons  or  corporation,  his  or  their  agents,  selling  or  offering 
for  sale  fruit  of  any  kind,  shall  affix  to  each  package  a distinct  mark  or  label 
showing  the  kind  and  quality  of  the  same,  the  name  of  the  shipper  or  grower, 
and  the  locality  where  grown. 

Sec.  14.  Any  person,  persons,  dealers  or  shippers,  having  in  their  possession 
any  fruit,  trees,  vines,  shrubs,  plants,  cuttings,  grafts,  buds,  seeds,  pits,  or  other 
articles  infested  with  any  injurious  insects  or  their  germs,  or  with  any  fungus 
or  other  diseases  injurious  to  fruit  or  fruit  trees,  shrubs,  or  other  trees  or  plants, 
or  who  shall  sell  or  offer  for  sale,  gift,  distribution,  transportation,  or  planting, 
or  who  shall  refuse  to  destroy  or  disinfect  (as  provided  in  this  act  or  as  ordered 
by  the  State  inspector  or  by  the  deputy  inspector  in  his  district)  the  said  fruit  or 
trees,  shrubs,  vines,  plants,  cuttings,  grafts,  pits,  scions,  or  other  articles,  or 
who  shall  refuse  or  neglect  to  attach  a distinct  mark  or  label  as  hereinbefore 
provided,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  twenty-five  nor  more  than  three  hundred  dollars. 
All  sums  so  collected  shall  be  paid  into  the  State  treasury. 

Sec.  15.  Each  inspector  shall  make  a detailed  report  of  all  his  official  acts  to 
the  secretary  of  said  board  on  the  first  day  of  every  month,  which  report  shall 
be  made  under  oath,  and  shall  include  a statement  of  the  number  of  days  actu- 
ally and  necessarily  employed  and  miles  traveled  as  such  inspector  during  said 
month,  and  a detailed  statement  of  the  amount  due  him  or  to  other  persons, 
for  services  or  expenses  incurred  in  carrying  out  the  provisions  of  this  act. 
The  secretary  cf  said  board  shall  audit  all  such  bills,  and  shall  submit  them  by 
mail  to  each  member  of  said  board  for  approval  and  signature.  If  approved  by 


Illinois. 


47 


a majority  of  said  board,  said  bill  shall  be  transmitted  to  the  State  auditor,  and 
they  shall  be  paid  as  other  claims  against  the  State. 

Sec.  16.  The  members  of  the  State  board  of  horticultural  inspection  shall 
serve  without  compensation,  but  shall  receive  actual  expenses  incurred  in 
attending  meetings  of  the  board. 

Sec.  IT.  All  county  officers  shall  be  liable  on  their  official  bond  for  the  proper 
performance  of  any  duties  imposed  by  this  act. 

Sec.  18.  Neglect  or  refusal  to  comply  with  the  orders  of  the  State  inspector 
or  his  deputies,  made  in  pursuance  of  the  provisions  of  this  act,  shall  constitute 
a misdemeanor,  and  shall  be  punished  as  provided  for  misdemeanors  in  section 
14  of  this  act. 

Sec.  19.  Whereas  there  is  great  danger  to  the  horticultural  interests  of  the 
State  of  Idaho  from  pests  and  other  causes  for  which  no  adequate  remedy  has 
been  provided,  an  emergency  existing,  therefore  this  act  shall  take  effect  from 
and  after  its  passage  and  approval  by  the  governor. 

Sec.  20.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 


ILLINOIS. 

An  Act  to  prevent  the  introduction  and  spread  in  Illinois  of  the  San  Jose  scale  and 
other  dangerous  insects  and  contagious  diseases  of  fruits. 

; Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , represented  in 
the  general  assembly,  That  it  shall  be  the  duty  of  the  State  entomologist  of 
Illinois  to  inspect,  or  cause  to  be  inspected  by  his  duly  appointed  assistants, 
once  each  year  all  nurseries  in  the  State  of  Illinois  as  to  whether  they  are 
infested  by  dangerous  insects  or  infected  with  contagious  .plant  diseases,  and, 
if  upon  such  inspection  such  nurseries  appear  to  be  free  from  such  dangerous 
insects  or  diseases,  he  shall,  upon  the  payment  of  the  expenses  of  inspection  as 
certified  by  him,  give  to  each  owner  of  such  nursery  or  nurseries  a certificate 
to  the  facts,  and  shall  file  duplicate  certificates  with  the  director  of  the  State 
agricultural  experiment  station  and  with  the  secretary  of  the  State  horticul- 
tural society,  which  certificates  shall  be  at  all  times  subject  to  public  inspection. 
Whenever  a nurseryman  or  seller  of  trees,  vines,  plants,  or  other  nursery  stock 
within  this  State  shall  ship  or  deliver  any  such  stock  he  shall  place  and  send 
on  each  package  so  shipped  or  delivered  a copy  of  a certificate,  the  original  of 
which  is  signed  by  a State  or  Government  inspector,  stating  that  such  stock 
has  been  inspected  and  has  been  found  apparently  free  from  dangerous  insects 
or  contagious  plant  diseases,  and  the  use  of  such  certificate  in  connection  with 
nursery  stock  any  and  every  part  of  which  has  not  been  inspected  and  certified 
as  aforesaid  shall  render  the  owner  of  such  stock  liable  to  the  penalties  pre- 
scribed for  a violation  of  this  act. 

§ 2.  It  shall  further  be  the  duty  of  the  State  entomologist  to  inspect,  or  to  cause 
to  be  inspected,  from  time  to  time,  any  nursery,  orchard,  fruit  plantation,  or 
other  property  or  place  in  this  State  which  he  shall  have  reason  to  suppose 
to  be  infested  by  dangerous  insects  or  infected  with  contagious  plant  diseases, 
and  for  the  purpose  of  such  inspection  he  and  his  assistants  are  authorized,  dur- 
ing reasonable  business  hours,  to  enter  into  or  upon  any  farm,  orchard,  nursery, 
garden,  storehouse,  or  other  building  or  place  used  for  the  growing,  storage, 
packing,  or  sale  of  trees,  plants,  or  fruits ; and  if  the  State  entomologist  shall 
find  by  inspection  as  aforesaid  that  any  nursery,  orchard,  or  garden  or  other 
property  or  place  is  infested  by  the  San  Jose  scale  or  other  dangerous  insect,  or 


48 


LAWS  AGAINST  INJURIOUS  INSECTS. 


infected  with  contagious  plant  diseases,  liable  to  spread  or  be  conveyed  to  other 
premises,  to  the  serious  injury  of  the  property  thereon,  he  shall  notify  in  writing 
the  owner  or  the  person  in  charge  of  such  infested  or  infected  property,  and 
shall  direct  him,  within  a time  and  in  a manner  prescribed  in  such  notice,  to 
u.se  such  measures  as  shall  prevent  the  conveyance  or  spread  of  such  insects  or 
disease  to  the  property  of  others,  and  such  infested  or  infected  property  shall 
not  be  removed  after  the  owner  or  person  in  charge  of  the  same  shall  have  been 
notified  in  writing  as  aforesaid  without  the  written  permission  of  the  entomolo- 
gist. If  the  person  so  notified  shall  refuse  or  neglect  to  treat  and  disinfect  said 
premises  or  property  in  the  manner  and  within  the  time  prescribed  in  said 
notice,  it  shall  be  the  duty  of  the  State  entomologist  to  cause  such  property  or 
premises  to  be  so  treated,  and  he  shall  certify  to  the  owner  or  person  in  charge 
of  the  premises  one-half  the  amount  of  the  cost  of  treatment,  and  if  not  paid  to 
him  within  sixty  days  thereafter  the  same  may  be  recovered,  together  with  the 
cost  of  action,  before  any  court  in  the  State  having  competent  jurisdiction : Pro-\ 
vided,  That  any  orchard  property  found  infested  by  the  San  Jose  scale  which 
the  State  entomologist  has  good  reason  to  believe  became  so  infested  before  the 
year  1899  shall  be  once  thoroughly  treated  and  disinfected  by  the  entomolo- 
gist without  charge  to  the  owner  of  said  infested  property:  And  further  pro- 1 
vided , That  any  part  of  such  property  which  may,  in  the  judgment  of  the.  ento- 1 
mologist,  be  so  badly  infested  by  the  San  Jose  scale  as  to  be  worthless  may  be  I 
destroyed  by  him  or  his  assistant  without  liability  for  compensation  to  the  I 
owner  thereof,  and  if  he  should  find  that  such  orchard  or  fruit  plantation  or  j 
other  property  or  place  in  this  State  is  not  so  infested,  that  he  shall  be  required  1 
to  give  the  owners  thereof  a certificate  to  that  effect  without  charge. 

§ 3.  Whenever  any  trees,  shrubs,  plants,  or  vines  are  shipped  into  the  State  I 
from  some  other  State,  country,  or  province,  every  package  thereof  shall  be  | 
plainly  labeled  on  the  outside  with  the  name  of  the  consignor,  the  name  of  the  y 
consignee,  and  a certificate  showing  that  the  contents  have  been  inspected  by  a ] 
State  or  Government  officer,  and  that  the  trees,  vines,  shrubs,  or  plants  therein  | 
contained  appear  free  from  all  dangerous  insects  or  diseases.  Whenever  any  trees,  I 
shrubs,  vines,  or  plants  are  shipped  into  this  State  without  such  certificate  I 
plainly  fixed  on  the  outside  of  the  package,  box,  or  car  containing  the  same,  the  j 
facts  must  be  reported  within  |wenty-four  hours  to  the  State  entomologist  by  !j 
the  railway,  express,  or  steamboat  company,  or  other  person  or  persons  carrying  : 
the  same,  and  it  shall  be  unlawful  to  deliver  any  such  property  until  it  has  been  ] 
inspected  by  the  State  entomologist  or  his  assistants  and  by  him  or  them  certi-  j 
fled  to  be  free  from  dangerous  insects  or  contagious  diseases.  Any  agent  of  any  j 
railway,  steamboat,  or  express  company,  or  other  person  or  persons  carrying 
such  property  as  aforesaid,  wrho  shall  fail  to  give  such  notice  as  above  required  l 
shall  be  deemed  guilty  of  a violation  of  this  act.  When  nursery  stock  is  shipped  jj 
into  this  State  accompanied  by  a certificate,  as  herein  provided,  it  shall  be  held 
prima  facie  evidence  of  the  facts  therein  stated,  but  the  State  entomologist,  by  j 
himself  or  his  assistants,  when  they  have  reason  to  believe  that  any  such  stock  j 
is  infested  with  dangerous  insects,  or  is  infected  with  contagious  diseases,  shall 
he  authorized  to  inspect  the  same  and  subject  it  to  like  treatment  as  provided  in 
section  2 of  this  act. 

§ 4.  Any  person  violating  or  neglecting  to  carry  out  the  provisions  of  this  act,  • 
or  offering  any  hindrance  to  the  carrying  out  of  this  act,  shall  be  adjudged  guilty  j 
of  misdemeanor,  and,  upon  conviction  before  a justice  of  the  peace,  shall  be  fined  1 
not  less  than  ten  dollars  and  not  more  than  one  hundred  dollars  for  each  and 
every  offense,  together  with  all  the  costs  of  the  prosecution,  and  shall  stand 
committed  until  the  same  is  paid.  It  shall  be  the  duty  of  the  State’s  attorney 


INDIANA. 


49 


to. prosecute  all  violations  of  this  act,  and  all  amounts  so  recovered  shall  be  paid 
over  to  the  treasurer  of  the  State. 

§ 5.  The  office  of  the  State  entomologist  shall  be  established  at  the  University 
of  Illinois,  the  trustees  of  which  shall  provide  for  him  and  his  assistants  such 
office  and  laboratory  rooms  as  may  be  necessary  to  the  performance  of  their 
duties.  He  shall  have  power  to  appoint  such  qualified  assistants  as  may  be 
necessary  to  the  execution  of  this  act,  who  shall  be  competent,  scientific,  and 
practical  entomologists,  and  to  fix  a reasonable  compensation  for  their  labor, 
and  their  acts,  done  in  pursuance  of  his  instructions,  shall  have  the  same 
validity  as  his  own.  He  shall  pay  over  to  the  State  treasurer  all  the  funds 
coming  into  his  hands  under  the  provisions  of  section  2 of  this  act,  with  an 
itemized  statement  of  the  sources  whence  received.  He  shall  certify  to  the 
State  auditor  the  amount  of  his  expenses  and  of  those  of  his  assistants,  and  of 
the  salaries  of  his  assistants  employed  under  this  act,  less  the  sums  received 
under  section  1 of  this  act,  and  the  auditor  shall  thereupon  draw  his  warrant 
upon  the  State  treasurer  for  the  amount,  which  shall  be  paid  out  of  the  funds 
provided  for  carrying  this  act  into  effect.  The  State  entomologist  shall  make 
to  the  governor  a biennial  report  of  his  operations  under  this  act,  together  with 
a financial  statement  in  detail  as  a part  of  his  report  as  State  entomologist, 
and  he  shall  also  make  each  year  to  the  State  Horticultural  Society,  at  its 
annual  meeting,  a statement  showing  the  Illinois  nurseries  inspected,  the  num- 
ber and  kinds  of  certificates  issued,  the  location  and  ownership  of  the  premises 
treated  or  disinfected  by  him  or  his  assistants,  the  kinds  and  amount  of  property 
destroyed  by  him  in  pursuance  to  this  act,  and  such  other  facts  concerning  the 
operations  of  his  office  under  this  act  as  the  executive  committee  of  said  horti- 
cultural society  may  request. 

§ 6.  There  is  hereby  appropriated  to  the  State  entomologist  for  the  salaries 
of  assistants  and  for  expenses  incurred  under  this  act  the  sum  of  eight  thousand 
dollars  ($8,000)  for  the  years  1899  and  1900,  or  so  much  thereof  as  may  be 
necessary.  The  auditor  of  public  accounts  is  hereby  authorized  to  draw  his 
warrant  upon  the  State  treasurer  against  the  sums  herein  appropriated  upon 
the  presentation  of  proper  vouchers,  and  the  State  treasury  [treasurer]  shall 
pay  the  same  out  of  any  funds  in  the  public  treasury. 

§ 7.  Whereas  an  emergency  exists,  therefore  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved  April  11,  1899. 


INDIANA. 

Chapter  138,  General  Laws  of  1899. 

An  Act  to  provide  for  the  inspection  of  nursery  stock  and  to  prevent  the  dissemination 
of  the  San  Jose  scale  and  other  dangerously  injurious  insects  and  plant  diseases,  and 
for  the  appointment  of  a State  entomologist,  defining  his  powers,  prescribing  his 
duties,  and  fixing  his  compensation  ; also  defining  the  crimes  for  the  violation  of  this 
act,  and  prescribing  the  punishment  therefor,  and  making  an  appropriation  for  the 
same,  and  declaring  an  emergency. 

Section  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Indiana, 
That  all  nurseries  in  Indiana  where  trees,  shrubs,  vines,  plants,  or  other  nur- 
sery stock  are  grown  and  offered  for  sale,  shall  be  inspected  by  the  State  ento- 
mologist at  least  once  each  year,  not  earlier  than  .Tune  1 nor  later  than  October 
1,  at  such  times  as  he  may  elect,  and  he  shall  notify  in  writing  the  owners  of 


7418 — No.  61  m- 


4 


50 


LAWS  AGAINST  INJURIOUS  INSECTS. 


such  nurseries,  the  secretary  of  the  State  board  of  agriculture,  the  director  of 
the  State  agricultural  experiment  station,  and  the  president  of  the  State  horti-  ■< 
cultural  society  of  the  presence  of  any  San  Jose  scale  or  other  destructively  . 
injurious  insect  or  fungi  on  trees,  shrubs,  vines,  plants,  or  other  stock  of  such  5 
nurseries,  and  shall  notify  in  writing  the  owner  of  any  affected  stock  that  he  is 
required  on  or  before  a certain  day  to  take  such  measures  for  the  destruction  of 
such  insects  or  fungus  enemies  of  nursery  stock  as  have  been  shown  to  be  ef-  j 
fectual  for  this  purpose. 

Sec.  2.  For  the  purpose  of  carrying  this  act  into  effect  the  governor  is  hereby  | 
authorized  to  appoint  a State  entomologist,  who  shall  hold  office  for  four  years,  3 
unless  sooner  removed  by  the  governor  for  cause,  whose  duty  it  shall  be  to  inspect 
nursery  stock  and  other  plants,  as  provided  for  in  this  act,  and  the  said  State 
entomologist  or  his  assistants  are  hereby  empowered  with  authority  to  enter  ' 
upon  any  premises  and  examine  all  plants  whatsoever  in  discharge  of  the  duties  | 
herein  prescribed. 

Sec.  3.  Any  person  or  persons  who  shall  obstruct  or  hinder  said  State  ento-  i 
mologist  or  his  assistant  in  the  discharge  of  their  duties  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than  ten  or  - 
more  than  twenty-five  dollars. 

Sec.  4.  [Refers  to  the  compensation  of  the  State  entomologist.] 

Sec.  5.  The  owner  of  any  affected  nursery  stock  shall,  within  the  time  speci- 
fied, take  such  steps  for  the  destruction  of  San  Jose  scale  or  other  destructively 
injurious  insects  or  fungus  enemies  present  as  will  exterminate  the  same,  and  it  i 
shall  be  a misdemeanor  to  ship  or  deliver  any  of  such  stock,  punishable  by  a \ 
fine  of  twenty-five  dollars  ($25)  for  every  such  offense,  the  fine  recoverable  ! 
before  a justice  of  the  peace,  or  by  indictment  of  the  grand  jury  of  the  county  ; 
in  which  the  nursery  is  situated,  or  of  that  to  which  such  stock  may  have  been  j 
shipped. 

Sec.  6.  Whenever  a nurseryman  or  seller  of  trees,  shrubs,  vines,  plants,  or 
other  nursery  stock,  who  is  a resident  of  this  State,  shall  ship  or  deliver  any  jj 
such  goods,  he  shall  send  on  each  package  so  shipped  or  delivered  a written  or 
printed  certificate  stating  that  such  stock  has  been  examined  by  a State  or  Gov-  i 
eminent  entomologist  and  found,  to  the  best  of  his  knowledge  and  belief,  to  be 
free  from  San  Jose  scale  or  other  destructively  injurious  insects  or  fungus  ene- 
mies. Failure  to  furnish  such  certificate  or  furnishing  a false  certificate  shall 
render  him  liable  to  the  penalty  of  a fine  of  twenty-five  dollars  ($25.00)  for  each 
and  every  shipment  or  delivery  without  such  certificate. 

Sec.  7.  When  the  State  entomologist  or  his  assistant  examines  any  trees, 
shrubs,  vines,  plants,  or  other  nursery  stock  in  this  State,  under  the  provisions  i 
of  this  act,  and  finds  such  nursery  stock  apparently  free  from  San  Jose  scale 
and  other  destructively  injurious  insect  and  fungus  enemies,  he  is  hereby  author- 
ized and  directed  to  make  out  and  deliver,  in  writing,  to  the  owner  of  such  stock 
a certificate  stating  that  he  has  inspected  such  stock  and  found  the  same  to  be 
apparently  free  from  San  Jose  scale  and  other  destructively  injurious  insect 
and  fungus  enemies,  and  he  shall  file  similar  certificate  with  the  secretary  of 
the  State  board  of  agriculture,  the  president  of  the  State  horticultural  society, 
and  the  director  of  the  State  agricultural  experiment  station,  which  certificates 
shall  at  all  times  be  subject  to  public  inspection. 

Sec.  8.  Whenever  a nurseryman,  fruit  grower,  or  agriculturist  in  this  State 
shall  know  or  have  good  reasons  to  believe  that  his  trees,  shrubs,  vines,  or  plants  |f 
are  affected  with  San  Jose  scale,  yellows,  rosette,  or  other  destructive  insects  or 
fungus  enemies,  he  shall  have  the  privilege,  and  it  shall  be  his  duty,  to  notify 
the  State  entomologist,  who  shall  proceed  in  person  or  by  his  assistant  to  ex- 


IOWA. 


51 


amine  the  same  without  delay  and  advise  the  proper  remedies  for  the  destruc- 
tion of  such  insect  or  fungus  enemies  that  may  be  present.  In  case  the  owner 
or  owners  or  persons  in  control  of  said  affected  trees,  shrubs,  vines,  or  other 
plants  do  not  apply  the  proper  remedies  recommended  by  the  said  State  entomolo- 
gist within  a certain  specified  time,  said  owner  or  owners  or  persons  in  control 
of,  shall  be  liable  to  a fine  of  not  more  than  twenty-five  dollars  ($25)  nor  less 
than  ten  dollars  ($10)  and  costs,  in  the  judgment  of  the  court,  for  every  such 
offense,  the  fine  to  be  recoverable  in  the  same  manner  as  that  provided  for  in 
1 section  5 of  this  act : Provided,  That  in  case  of  an  objection  to  the  findings  of 
the  State  entomologist  an  appeal  may  be  taken  to  the  circuit  court  of  the  proper 
county,  whose  decision  shall  be  final ; said  appeal  must  be  taken  within  three 
days  and  shall  operate  as  a stay  of  proceedings  until  it  is  heard  and  decided. 

Sec.  9.  Every  package  of  trees,  shrubs,  vines,  plants,  or  other  nursery  stock 
! shipped  into  this  State  from  another  State  shall  be  plainly  labeled  on  the  out- 
: side  with  the  name  of  the  consignor,  the  name  of  the  consignee,  and  a certifi- 
! cate  bearing  the  current  year’s  date,  signed  by  a State  or  Government  inspector, 
showing  that  the  contents  have  been  examined  by  him  and  that,  to  the  best  of 
i his  knowledge  and  belief,  such  stock  is  free  from  San  Jose  scale  or  other  de- 
i structive  insect  or  fungus  enemies. 

Sec.  10.  Whenever  any  trees,  shrubs,  vines,  or  other  plants  are  shipped  into 
! this  State  without  such  certificate  plainly  fixed  on  the  outside  of  the  package, 

! box,  or  car  containing  the  same,  the  fact  must  be  reported  within  twenty-four 
j hours  to  the  State  entomologist  by  the  agent  of  the  railway,  express,  or  steam- 
j boat  company  or  other  person  or  persons  carrying  or  receiving  the  same,  and 
! any  agent  of  any  railway,  express,  or  steamboat  company  or  mail  carrier,  or 
any  other  person  or  persons  who  shall  violate  the  provisions  of  this  section  shall 
I be  deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
I in  any  sum  not  less  than  twenty-five  ($25)  nor  more  than  one  hundred  dollars 
($100)  and  costs,  or  imprisonment  in  the  qcuinty  jail  not  less  than  five  (5)  nor 
more  than  thirty  (30)  days,  or  may  be  so  fined  and  imprisoned  in  the  discretion 
of  the  court,  and  any  such  fines  collected  under  the  provisions  of  this  act  shall  be 
paid  over  to  the  State  treasurer.  On  notification  of  the  receipt  of  such  uncertified 
package  or  packages  of  trees,  shrubs,  vines,  or  other  plants,  the  State  entomologist 
shall  examine  or  cause  to  be  examined  said  package  or  packages  at  the  expense 
of  the  express,  railway,  steamboat  companies  or  other  person  or  persons  carry- 
ing the  same,  and  if  found  to  be  free  from  all  injurious  insects  and  plant  dis- 
eases, he  may  allow  them  to  pass  to  their  destination;  otherwise  he  shall  cause 
the  same  to  be  burned  and  destroyed.  But  in  no  case  shall  the  agent  of  the  rail- 
way or  other  transportation  company  allow  said  package  or  packages  to  pass  out 
of  his  possession  under  penalty  until  the  same  has  been  duly  inspected  by  the 
State  entomologist  or  his  agent. 

Sec.  11.  [Refers  to  the  appropriation  for  carrying  the  laws  into  effect.] 


IOWA. 

An  Act  to  prohibit  the  bringing  into  the  State  of  any  nursery  stock  infested  with  the 
San  Jose  scale  ; to  provide  for  the  punishment  thereof,  and  to  prevent  the  spread  of 
the  scale  within  the  State.  [Additional  to  Title  XII  of  the  Code,  pertaining  to  the 
police  of  the  State.] 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 

Section  1.  State  entomologist— -Assistants — Fees.  The  entomologist  of  the 
State  experiment  station  is  hereby  constituted  the  State  entomologist  and 
charged  with  the  execution  of  this  act.  He  may  appoint  such  qualified  assistants 


52 


LAWS  AGAINST  INJURIOUS  INSECTS. 


as  may  be  necessary,  fix  a reasonable  compensation  for  their  labor,  and  pay  the 
same,  and  their  acts  shall  have  the  same  validity  as  his  own.  He  shall,  by  him- 
self or  his  assistants,  between  the  first  day  of  June  and  the  fifteenth  day  of 
September,  in  each  year,  when  requested  by  the  owner  or  agent,  or  where  he  has 
reasonable  grounds  to  believe  the  scale  exists,  carefully  examine  any  nursery, 
fruit  farm,  or  other  place  where  trees  or  plants  are  grown  for  sale,  and  if  found 
apparently  free  from  the  scale  he  shall  issue  his  certificate  stating  the  facts,  and 
shall  collect  therefor  a fee  of  not  less  than  five  dollars  nor  more  than  fifteen 
dollars,  according  to  the  amount  of  stock  inspected.  It  shall  be  unlawful  to 
sell  or  offer  for  transportation  any  nursery  stock  outside  the  county  where  said 
nursery  stock  is  grown,  unless  accompanied  by  a copy  of  this  certificate. 

Sec.  2.  Quarantine — Treatment — Collection  of  cost.  The  State  entomologist 
shall  have  authority,  when  requested  by  the  owner  or  agent  or  when  he  has 
reasonable  grounds  to  believe  the  scale  exists,  to  enter  upon  any  grounds,  pub- 
lic or  private,  for  the  purpose  of  inspection,  and  if  he  finds  any  nursery,  orchard, 
garden,  or  other  place  infested  by  the  scale  he  may,  by  himself  or  his  assistants, 
enter  upon  such  premises  and  establish  quarantine  regulations. 

If,  in  his  judgment,  the  scale  may  be  eradicated  by  treatment  he  may,  in 
writing,  order  such  treatment,  and  prescribe  its  kind  and  character.  In  case 
any  trees,  shrubs,  or  plants  are  found  so  infested  that  it  would  be  impracticable 
to  treat  them  he  may  order  them  burned.  A failure  for  ten  days  after  the  de- 
livery of  such  order  to  the  owner  or  persons  in  charge  to  treat  or  destroy  such 
infested  trees  or  plants,  as  ordered,  shall  authorize  the  entomologist  to  perform 
this  work  by  himself  or  his  assistants,  and  to  ascertain  the  cost  thereof.  He 
shall  certify  the  amount  of  such  cost  to  the  owner  or  person  in  charge  of  the 
premises,  and  if  the  same  is  not  paid  to  him  within  sixty  days  thereafter  he 
shall  certify  the  amount  to  the  county  auditor,  who  shall  spread  the  same  upon 
the  tax  books,  to  be  collected  as  other  taxes  are,  and  turned  over  to  the  ento- 
mologist to  become  a part  of  the  funU*  for  carrying  this  act  into  effect. 

Sec.  3.  Inspection  of  nursery  stock  shipped  into  State.  Where  nursery  stock 
is  shipped  into  this  State,  accompanied  by  a certificate,  as  herein  provided,  it 
shall  be  held  prirna  facie  evidence  of  the  facts  therein  stated,  but  the  State  ento- 
mologist, by  himself  or  his  assistants,  when  they  have  reason  to  believe  such 
stock  is  infested  with  the  scale,  shall  be  authorized  to  inspect  the  same  and  sub- 
ject it  to  like  treatment,  as  provided  in  section  two  of  this  act. 

Sec.  4.  Certificate  of  inspection — Penalties.  It  shall  be  unlawful  for  any  per-  j 
son,  firm,  or  corporation  to  bring  into  the  State  any  trees,  plants,  vines,  cuttings, 
and  buds,  commonly  known  as  nursery  stock,  unless  accompanied  by  a certifi- 
cate of  inspection  by  a State  entomologist  of  the  State  from  which  the  shipment 
was  made,  showing  that  the  stock  has  been  inspected  and  found  apparently  free 
from  the  scale.  Any  person  violating  or  neglecting  to  carry  out  the  provisions 
of  this  act,  or  offering  any  hindrance  to  the  carrying  out  of  this  act,  shall  be 
adjudged  guilty  of  a misdemeanor,  and  upon  conviction  before  a justice  of  the 
peace  shall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dol-; 
lars  for  each  and  every  offense,  together  with  all  the  costs  of  the  prosecution, 
and  shall  stand  committed  until  the  same  are  paid.  All  amounts  so  recovered 
shall  be  paid  over  to  the  State  entomologist  and  added  to  the  fund  herein  pro-  ' 
vided  for  carrying  out  the  provisions  of  this  act. 

Sec.  5.  Compensation.  The  State  entomologist  shall  be  allowed  and  paid  for  - 
his  services  while  engaged  in  this  work  all  his  necessary  traveling  expenses  and 
the  sum  of  $5  per  day.  All  funds  coming  into  his  hands  shall  be  paid  over  to 
the  State  treasurer,  with  an  itemized  statement  of  the  source  whence  received,  i 
lie  shall  certify  the  amount  of  his  expenses  and  per  diem  to  the  auditor  of 


KENTUCKY. 


58 


| state,  who  shall  thereupon  draw  his  warrant  upon  the  treasurer  of  state  for  the 
! amount,  which  shall  be  paid  out  of  the  funds  provided  for  carrying  this  act 
into  effect. 

Sec.  6.  Appropriation.  There  is  hereby  appropriated  out  of  any  money  not 
[ otherwise  appropriated  the  sum  of  one  thousand  dollars  ($1,000),  or  so  much 
I thereof  as  may  be  necessary  for  carrying  out  the  provisions  of  this  act. 

Approved,  April  12,  1898. 


KANSAS. 

There  is  at  present  no  law  in  Kansas  relating  to  the  control  of  injurious 
insects. 


KENTUCKY. 

Laws  of  1897. 

An  Act  to  provide  for  the  inspection  of  nursery  stock  and  to  prevent  the  dissemination 
of  noxious  insects  and  fungi. 

§ 1.  That  all  nurseries  in  Kentucky  where  trees,  vines,  plants,  or  other  nur- 
sery stock  are  grown  and  offered  for  sale  shall  be  inspected  by  the  entomologist 
and  botanist  of  the  State  agricultural  station  once  each  year  at  such  time  as  he 
may  elect,  and  he  shall  notify,  in  writing,  the  owners  of  such  nurseries,  the  com- 
missioner of  agriculture  and  statistics,  the  director  of  the  State  agricultural 
experiment  station,  and  the  president  of  the  State  horticultural  society  of  the 
presence  of  any  San  Jose  scale  or  other  destructively  injurious  insects  or  fungi 
on  the  trees,  vines,  plants,  or  other  stock  of  such  nurseries,  and  shall  also  notify, 
in  writing,  the  owner  of  any  affected  stock  that  he  is  required,  on  or  before  a 
certain  day,  to  take  such  measures  for  the  destruction  of  such  insects  or  fungus 
enemies  of  nursery  stock  as  have  been  shown  to  be  effectual  for  this  purpose. 
Said  entomologist  and  botanist  shall,  for  the  purposes  of  this  act,  be,  and  he 
is  hereby  declared  to  be,  the  State  entomologist,  and  shall  serve  without  pay 
other  than  that  he  may  receive  as  an  officer  of  the  State  agricultural  experi- 
ment station,  but  his  expenses  shall  be  paid  as  hereinafter  provided. 

§ 2.  The  owner  of  this  affected  nursery  stock  shall,  within,  the  time  specified, 
take  such  steps  for  the  destruction  of  San  Jose  scale  or  other  destructively 
injurious  insect  or  fungus  enemies  present  as  will  exterminate  the  same,  and  it 
shall  be  a misdemeanor  to  ship  or  deliver  any  of  such  stock,  punishable  by  a 
fine  of  fifty  dollars  for  every  such  offense,  the  fine  recoverable  before  a justice  of 
the  peace,  or  by  indictment  by  a grand  jury  of  the  county  in  which  the  nursery 
is  situated,  or  of  that  to  which  such  stock  may  have  been  shipped. 

§ 3.  Whenever  a nurseryman  or  seller  of  trees,  vines,  plants,  or  other  nursery 
stock,  who  is  a resident  of  this  Commonwealth,  shall  ship  or  deliver  any  such 
goods,  he  shall  send  on  each  package  so  shipped  or  delivered  a written  certificate, 
signed  by  him,  stating  that  the  whole  and  every  part  of  such  stock  has  been 
examined  by  a State  or  Government  entomologist  and  found  free  from  San  Jose 
scale  or  other  destructively  injurious  insect  or  fungus  enemies.  Failure  to 
furnish  such  certificate,  or  furnishing  a false  certificate,  shall  render  him  liable 
to  the  penalty  of  a fine  of  fifty  dollars  for  each  and  every  such  shipment  or 
delivery  without  such  certificate. 

§ 4.  When  the  State  entomologist  examines  any  trees,  vines,  plants,  or  other 
nursery  stock  in  this  State  under  the  provisions  of  this  act,,  and  finds  such 


54 


LAWS  AGAINST  INJURIOUS  INSECTS. 


nursery  stock  free  from  San  Jose  scale  and  other  destructively  injurious  inseci 
and  fungus  enemies,  he  is  hereby  authorized  and  directed  to  make  out  and! 
deliver,  in  writing,  to  the  owner  of  such  stock  a certificate  stating  that  he  has! 
inspected  such  stock  and  found  the  same  free  from  San  Jose  scale  and  othe| 
destructively  injurious  insect  and  fungus  enemies,  and  he  shall  file  similau 
certificates  with  the  commissioner  of  agriculture  and  statistics  and  with  thdj 
president  of  the  State  Agricultural  and  Mechanical  College,  which  certificate! 
shall  at  all  times  be  subject  to  public  inspection. 

§ 5.  Whenever  a nurseryman,  fruit  grower,  or  agriculturist  in  this  Common  j 
wealth  shall  know  or  have  good  reason  to  believe  that  his  trees,  vines,  or  plant! 
are  affected  with  San  Jose  scale,  yellows,  rosette,  or  other  destructive  insect  oi| 
fungus  enemies,  he  shall  have  the  privilege,  and  it  shall  be  his  duty,  to  notify  th<r 
State  entomologist,  who  shall  proceed  to  the  premises  designated  and  examine; 
the  same  and  suggest  and  recommend  the  proper  remedies  for  the  destruction  o 
such  insect  or  fungus  enemies  as  may  be  present. 

§ 6.  Every  package  of  trees,  vines,  plants,  or  other  nursery  stock  shipped  into  I 
this  State  from  another  State  shall  be  plainly  labeled  on  the  outside  with  thJ  I 
name  of  the  consignor,  the  name  of  the  consignee,  the  contents,  and  a certificate! 
signed  by  a State  or  Government  inspector,  showing  that  the  contents  have  beeij 
examined  by  him,  and  that  such  stock  is  free  from  San  Jose  scale,  or  othed 
destructive  insect  or  fungus  enemies.  Whenever  any  trees,  vines,  plants,  o j 
other  nursery  stock  are  shipped  into  this  State  without  such  a certificate  plainly! 
fixed  on  the  outside  of  each  package,  the  fact  may  be  reported  to  any  justice  o > 
the  peace  of  this  Commonwealth,  and  said  justice  shall  issue  a summons  fol 
the  consignee  of  such  package,  and  the  agent  of  the  consignor,  if  he  be  known 
to  appear  before  him  on  a certain  day,  to  be  therein  named,  to  show  cause  whjl 
such  trees,  vines,  plants,  or  other  nursery  stock  should  not  be  seized,  as  beinll 
in. violation  of  the  provisions  of  this  act,  and  on  trial  thereof,  if  said  justice  b 
satisfied  that  the  provisions  of  this  act  have  been  violated,  he  shall  order  sue! 
agent  or  consignee  to  return  such  package  of  trees,  vines,  plants,  or  other  stoclj 
immediately  to  the  shipper  or  consignor,  unless  said  consignee  or  agent  shal  l 
forthwith,  and  at  his  own  expense,  have  such  trees,  vines,  plants,  or  otlie! 
nursery  stock  examined  by  the  State  entomologist,  or  such  person  as  he  majl 
appoint  to  make  the  examination,  and  he  certifies  to  the  justice  of  the  peac 
that  such  nursery  stock  is  free  from  San  Jose  scale  or  other  destructive  insed 
or  fungus  enemies.  If  such  consignee  or  agent  fail  to  have  such  inspection 
made,  or  fail  to  return  such  packages  to  the  shipper  or  consignor  thereof,  thej 
the  justice  of  the  peace  shall  order  and  direct  the  constable  or  sheriff  to  bur: 
and  destroy,  at  the  expense  of  the  agent  or  consignee,  all  such  trees,  vine? 
plants,  or  other  stock  as  have  been  shipped  into  this  Commonwealth  in  violatio:  1 
of  law. 

§ 7.  The  sum  of  five  hundred  dollars  annually,  or  so  much  thereof  as  may  b 
necessary,  is  hereby  appropriated  for  the  purpose  of  paying  the  expenses  cn 
the  State  entomologist  in  the  performance  of  his  duties  under  the  provisions  a 
this  act,  and  the  auditor  of  public  accounts  is  hereby  directed  to  honor  requis 
tions  made  by  said  State  entomologist  for  expenses  incurred  in  the  performanc 
of  his  duties,  and  the  State  entomologist  shall  make  annual  report  to  thj 
treasurer  of  the  amount  expended. 

§8.  Inasmuch  as  the  insect  known  as  the  San  Jose  scale  has  appeared  i 
some  sections  of  this  Commonwealth,  and  great  destruction  of  fruit  and  fruij 
trees  is  imminent,  therefore  an  emergency  is  declared  to  exist,  and  the  act  shal 
take  effect  from  and  after  its  passage  and  approval  by  the  governor. 

Approved  May  20,  1897. 


LOUISIANA. 


55 


LOUISIANA. 


Act  No.  (5. 

An  Act  to  provide  for  the  establishment  and  organization  of  a State  crop  pest  commis- 
sion and  to  define  the  duties  and  powers  of  the  same  ; to  fix  penalties  for  the  violation 
of  any  of  the  rules,  orders,  ordinances,  and  regulations  thereof ; to  make  it  a misde- 
meanor for  any  person,  firm,  or  corporation  to  bring  into  this  State  or  have  in  pos- 
session, except  certain  persons,  any  living  Mexican  boll  weevil  in  any  of  its  stages, 
and  providing  a penalty  therefor  ; to  provide  for  the  publication  and  distribution  of  all 
the  proceedings  and  recommendations  of  said  commission  ; to  authorize  said  commis- 
sion to  restrain,  by  injunction  or  otherwise,  any  violations,  or  threatened  violations,  of 
its  orders,  rules,  ordinances,  and  regulations,  and  to  prohibit  any  court  of  the  State 
from  bonding  the  same  prior  to  trial  on  the  merits  ; to  make  it  the  duty  of  the  attor- 
ney-general and  district  attorneys  to  represent  said  commission  and  the  sheriff  to 
serve  all  papers  for  said  commission  ; to  provide  for  the  payment  of  all  fines  and  for- 
feitures for  violations  of  the  orders,  rules,  ordinances,  and  regulations  of  said  com- 
mission to  the  State  treasurer,  and  by  him  to  he  placed  to  the  credit  of  said  commis- 
sion ; to  relieve  said  commission  of  the  necessity  of  giving  bond  or  security  in  any  legal 
proceedings  which  it  shall  institute  or  defend  in  any  court  of  .justice  in  this  State  ; to 
make  an  appropriation  to  carry  out  the  provisions  of  this  act  and  to  repeal  all  laws  or 
parts  of  laws  inconsistent  or  in  conflict  with  the  same. 

Section  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Louisiana, 
That  a State  crop  pest  commission  for  the  State  of  Louisiana  is  hereby  created 
and  established,  to  consist  of  the  governor  as  ex  officio  chairman,  the  commis- 
sioner of  agriculture,  the  director  of  the  State  experiment  station,  the  station 
entomologist,  and  two  experienced  resident  cotton  planters,  the  latter  to  be 
appointed  by  the  governor,  and  every  four  years  thereafter,  and  who  shall  serve 
for  four  years  and  until  their  successors  are  duty  appointed  and  qualified.  The 
station  entomologist  and  the  two  planters  shall  be  commissioned  and  shall  qual- 
ify in  the  same  manner  as  provided  by  the  constitution  and  laws  of  the  State  for 
all  other  officers.  Said  commission  shall  have  its  domicile  at  Baton  Rouge  and 
shall  hold  its  first  session  at  said  place  immediately  after  the  promulgation  of 
this  act,  and  at  such  other  times  and  places  as  may  be  designated  by  said  com- 
mission. At  any  meeting  of  said  commission  any  three  members  shall  consti- 
tute a quorum  to  transact  business.  The  members  of  said  commission,  not 
salaried  under  the  State  government,  shall  receive  the  sum  of  five  ($5)  per  day 
for  each  day  consumed  in  going  to  and  returning  from  any  of  the  meetings  of 
said  commission,  and  while  in  attendance  thereon,  and  necessary  traveling  ex- 
penses, which  amount  shall  be  paid  by  the  State  treasurer  on  the  voucher  of  the 
member,  approved  by  the  governor,  out  of  any  funds  to  the  credit  of  said  com- 
mission. Said  commission  shall  elect  one  of  its  members  secretary,  and  shall 
appoint  such  other  assistants  as  may  be  necessary  to  carry  on  the  work  of  said 
commission,  and  shall  fix  their  compensation. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  for  the  purpose  of  carrying  out  the 
rules,  ordinances,  orders,  and  regulations  of  said  commission,  as  hereinafter 
provided,  the  commissioner  of  agriculture  shall  be  the  active  chairman  of  said 
commission,  and  as  such  shall  see  that  all  the  rules,  ordinances,  orders,  and 
regulations  of  the  same  are  faithfully  executed ; and  in  addition  to  such  duties, 
the  active  chairman  shall  have  the  power,  during  the  interval  between  the 
meetings  of  said  commission,  and  when  the  same  is  not  in  session,  to  issue  all 
orders,  and  to  take  all  necessary  steps,  by  suit  or  otherwise,  to  execute  the 
laws  of  the  State  on  the  subject-matter  delegated  to  said  commission,  and  to 
carry  out  the  rules,  ordinances,  orders,  and  regulations  of  said  commission  made 
thereunder ; and  he  may,  in  his  discretion,  call  special  meetings  of  said  com- 
mission whenever,  in  his  opinion,  an  emergency  shall  require  it:  Provided, 


56 


LAWS  AGAINST  INJURIOUS  INSECTS. 


That  in  all  cases  where  two  or  more  members  shall  demand  the  same  it  shall 
be  his  duty  to  convene  the  same  in  special  session. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  said  commission  shall  have  full  and 
plenary  power  to  deal  with  all  crop  and  fruit  pests  and  such  contagious  and 
infectious  crop  and  fruit  diseases  as,  in  the  opinion  of  the  commission, 
may  be  prevented,  controlled,  or  eradicated ; and  with  full  power  and  authority 
to  make,  promulgate,  and  enforce  such  rules,  ordinances,  orders,  and  regulations, 
and  to  do  and  perform  such  acts  as,  in  their  judgment,  may  be  necessary  to 
control,  eradicate,  and  prevent  the  introduction,  spread,  or  dissemination  of 
the  Mexican  boll  weevil  in  the  State,  and  all  other  injurious  crop  and  fruit 
pests  and  diseases  as  far  as  may  be  possible,  and  all  the  rules,  ordinances,] 
orders,  and  regulations  of  said  commission  shall  have  the  force  and  effect  of i 
law  so  far  as  they  conform  to  the  general  laws  of  the  State  and  the  United 
States.  Said  commission,  in  the  exercise  of  the  power  and  authority  hereby] 
delegated,  shall  have  authority  to  prohibit  the  shipment  or  bringing  into  this 
State  of  any  cotton  seed  or  other  articles  of  farm  produce,  or  any  other  article 
of  any  nature  or  character  whatsoever  from  any  State,  Territory,  or  foreign 
country,  or  consigned  from  points  within  any  State,  Territory,  or  foreign 
country,  where  the  boll  weevil  or  any  other  infectious  or  contagious  crop  or  fruit] 
disease  exists,  except  under  such  rules  and  regulations  as  may  be  adopted  by  1 
said  commission. 

Sec.  4.  Be  it  f urther  enacted,  etc.,  That  any  firm,  person,  or  corporation,  I 
except  a duly  recognized  State  or  Federal  entomologist,  who  shall  bring  into  9 
this  State,  or  have  in  possession,  for  any  purpose,  any  living  Mexican  boll  i 
weevil,  cotton  boll,  square,  plant,  or  seed  containing  the. Mexican  boll  weevil, I 
whether  adult  or  in  the  pupal,  larval,  or  egg  state,  shall  be  deemed  guilty  of  a j 
misdemeanor,  and  shall,  upon  conviction,  be  fined  not  less  than  twenty-five  nor 
more  than  one  thousand  dollars  for  each  offense,  or  be  imprisoned  for  not  less! 
than  ten  days  nor  more  than  six  months.  Prosecutions  under  the  provisions  of 
this  section  may  be  instituted  and  carried  on  in  any  parish  where  any  person,  ] 
firm,  or  corporation  may  be  found  with,  or  shown  to  have  had  in  possession,  I 
any  living  Mexican  boll  weevil,  cotton  boll,  square,  plant,  or  seed  containing  the  a 
Mexican  boll  weevil,  whether  adult  or  in  the  pupal,  larval,  or  egg  state. 

Sec.  5.  Be  it  further  enacted,  etc.,  That  any  person,  firm,  or  corporation  violating  J 
any  of  the  rules,  ordinances,  orders,  or  regulations  of  said  commission  shall  be  i 
guilty  of  a misdemeanor,  and  shall,  upon  conviction  thereof,  be  punishable  by  a . 
fine  of  not  less  than  twenty-five  nor  more  than  one  thousand  dollars,  or  impris-  ] 
onment  for  not  more  than  six  months  nor  less  than  thirty  days.  All  prosecu-  i 
tions  under  this  act  shall  be  commenced  and  carried  on  in  any  parish  of  the  I 
State  affected  by  the  violation  of  said  orders,  ordinances,  rules,  and  regulations,  ij 
and  the  said  commission  may  enjoin  any  threatened  or  attempted  violations  of  : 
its  rules,  orders,  ordinances,  and  regulations  in  any  court  of  competent  juris-  ;i 
diction,  or  take  any  other  civil  proceedings  necessary  to  carry  out  and  enforce  : 
the  purposes  of  this  act ; and  no  court  of  this  State  shall  have  the  right  pre-  | 
vious  to  final  trial  to  set  aside  said  injunction  on  bond.  It  shall  be  the  duty  of 
the  attorney-general  and  the  various  district  attorneys  to  represent  said  com-  | 
mission  whenever  called  on  to  do  so  ; and  said  commission  in  the  discharge  | 
and  enforcement  of  the  duties  and  powers  herein  delegated  may  send  for  books 
and  papers,  swear  witnesses,  etc. ; and  it  is  hereby  made  the  duty  of  the  various  r 
sheriffs  throughout  the  State  to  serve  all  papers,  summons,  etc.,  that  may  be 
delivered  to  them  by  said  commission. 

Sec.  0.  Be  it  further  enacted,  etc.,  That  said  commission  at  their  first  session 
shall  prepare  and  publish  a list  of  dangerous  crop  and  fruit  pests  and  infectious 
and  contagious  plant  diseases  known  or  suspected  to  be  present  within  the  State 


LOUISIANA. 


57 


or  liable  to  be  introduced,  and  may  at  any  subsequent  meeting  extend  or  amend 
said  list.  The  commission  shall  also  publish  methods  for  exterminating  such 
pests  or  infectious  diseases  as  they  may  deem  capable  of  being  exterminated 
within  the  boundaries  of  the  State,  and  for  suppressing  such  as  can  not  be 
exterminated  and  for  preventing  the  spread  of  such  pests  or  diseases  within  the 
State ; and  for  the  purpose  of  disseminating  knowledge  concerning  contagious 
diseases  or  injurious  pests  affecting  crops,  plants,  trees,  etc.,  and  the  remedies, 
preventives,  and  disinfectants  applicable  thereto,  the  commission  shall  from 
time  to  time,  as  they  may  deem  necessary,  have  printed  and  distributed  bulletins 
containing  such  information,  remedies,  preventives,  and  disinfectants  as  they 
may  approve,  including  also  the  rules,  orders,  ordinances,  and  regulations  of 
said  commission,  which  said  bulletins  shall  be  printed  and  distributed  to  all 
interested  persons  under  the  direction  and  supervision  of  the  Louisiana  State 
board  of  agriculture  and  immigration.  When  the  said  commission  has  reason 
to  suspect  that  any  pest  or  plant  disease  listed  by  them  as  dangerous,  exists  in 
any  parish  of  the  State,  they  shall  cause  such  suspicion  to  be  verified  by  a person 
competent  to  determine  the  specific  identity  of  such  crop  pests  or  disease  of 
plant,  and  if  such  suspicion  prove  well  founded,  the  inspector  of  said  commission 
shall  immediately  take  charge  of  said  infected  property  and  adopt  such  measures 
for  the  treatment  or  extermination  of  same  as  the  commission  may  direct. 
Any  duly  authorized  agent  of  the  commission  shall  have  authority  to  inspect  any 
building,  warehouse,  depot,  or  place  where  any  property  is  located,  or  premises 
or  field  supposed  to  be  infested  by  any  crop  pest  or  disease  listed  and  pub- 
lished as  such  by  the  said  commission,  and  if,  in  the  opinion  of  the  entomologist 
selected  by  said  commission,  it  shall  be  necessary  to  destroy  the  property  so 
infested  so  as  to  prevent  the  further  spread  of  said  injurious  crop  pest  or  dis- 
ease, he  shall  have  authority  to  destroy  said  property,  and  the  commission  shall 
have  the  right  to  fix  a compensation  to  be  awarded  the  owner  thereof.  If  the 
owner  should  be  dissatisfied  with  the  amount  allowed  by  said  commission  as 
compensation  for  the  property  destroyed,  he  shall  have  the  right  to  appeal  to 
the  court  of  the  parish  in  which  such  property  is  destroyed,  but  in  no  case 
shall  any  contest  as  to  the  value  of  the  property  to  be  destroyed  suspend  action 
by  the  commission  in  inforcing  their  rules,  orders,  ordinances,  and  regulations. 
Any  one  who  shall  seek  to  prevent  any  inspection  under  the  direction  of 
said  commission,  or  who  shall  otherwise  interfere  with  the  agents  or  employes 
of  said  commission  while  in  the  performance  of  their  duties,  shall,  upon  con- 
viction, be  fined  not  less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars  for  each  offense,  or  may  be  imprisoned  for  not  less  than  ten  nor  more 
than  thirty  days.  Prosecution  under  the  provisions  of  this  section  shall  be 
instituted  in  any  parish  of  the  State  in  which  the  offense  is  committed. 

Sec.  7.  Be  it  further  enacted,  etc.,  That  all  fines  collected  from  prosecutions 
under  the  provisions  of  this  act  shall  be  paid  to  the  State  treasurer  and  by  him 
placed  to  the  credit  of  said  commission. 

Sec.  8.  Be  it  further  enacted,  etc.,  That  said  commission  shall  not  be  required 
to  give  any  bond  or  security  in  any  legal  proceedings  which  it  shall  institute  or 
defend  in  any  court  of  justice  in  this  State. 

Sec.  9.  Be  it  further  enacted,  etc.,  That  for  the  purpose  of  carrying  out  the 
provisions  of  this  act  the  sum  of  $25,000,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated,  out  of  any  funds  in  the  treasury  not  otherwise  appro- 
priated, and  shall  be  paid  by  the  State  treasurer  upon  properly  authenticated 
vouchers  signed  by  the  president  or  secretary  of  said  commission. 

Sec.  10.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts  of  laws  in  conflict 
or  inconsistent  with  this  act  be,  and  the  same  are  hereby,  repealed. 

Approved  December  15,  1903. 


58 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Rules  and  Regulations  of  the  State  Crop  Pest  Commission  of  Louisiana; 

Section  1.  Be  it  declared,  ordained,  and  ordered,  That  the  following  insect! 
are  hereby  declared  to  be  dangerous  crop  and  fruit  pests : 

(a)  The  Mexican  boll  weevil  ( Anthonomus  grandis). 

(&)  The  San  Jose  scale  ( Aspidiotus  perniciosus ) : Provided,  however,  Thai 
this  commission  may,  from  time  to  time,  declare  other  crop  and  fruit  pests  ad 
diseases  to  be  dangerous. 

Sec.  2.  Be  it  further  ordained  and  ordered.  That  in  order  to  prevent  the  intro 
duction  of  the  Mexican  boll  weevil  into  the  uninfested  part  of  the  State  o J 
Louisiana  from  the  State  of  Texas  and  from  the  infested  portion  of  Louisiana 
where  the  boll  weevil  is  now  known  to  exist,  a quarantine  is  hereby  declare* 
to  exist  against  the  State  of  Texas  and  against  the  following  parishes  o ! 
Louisiana,  to  wit:  Bossier,  Caddo,  Calcasieu,  Cameron,  De  Soto,  Grant,  Natchi 
toches,  Rapides,  Red  River,  Sabine,  Vernon,  Winn. 

(a)  That  no  cotton  seed,  seed  cotton,  cotton-seed  hulls  (except  such  cotton 
seed  hulls  as  are  packed,  shipped,  and  handled  in  a manner  approved  by  thi 
commission  when  formal  permit  for  their  shipment  has  been  issued  by  thi  ; 
commission,  such  permit  to  accompany  shipment  when  consigned  to  any  poid 
in  the  noninfested  portion  of  Louisiana),  or  cotton-seed  sacks  or  seed-cotto; 
sacks  shall  be  shipped  into  the  uninfested  portion  of  Louisiana  from  the  Statj 
of  Texas  or  from  the  infested  parishes  of  Louisiana  as  above  enumerated. 

(b)  That  the  quarantine  hereby  declared  may,  from  time  to  time  as  the  necesl 
sity  may  arise,  be  extended  to  include  counties  in  any  State  or  Territory  o 
parishes  in  the  State  of  Louisiana,  or  elsewhere. 

All  railroads,  steamboats,  express  companies,  and  other  common  carrierl  i 
entering  the  State  of  Louisiana  from  the  State  of  Texas  or  from  the  infeste 
parishes  of  this  State  are  especially  enjoined  to  comply  with  the  requirement 
of  this  order  and  of  the  laws  of  the  State  of  Louisiana  governing  same. 

Sec.  3.  Be  it  further  declared,  ordained,  and  ordered,  That  no  person,  firn 
or  corporation,  except  a duly  authorized  State  or  Federal  entomologist,  sha 
bring  into  or  have  in  his  possession  in  the  uninfested  portion  of  the  State  c; 
Louisiana,  for  any  purpose  whatever,  any  living  Mexican  boll  weevil  or  cottoj 
boll,  square,  plant,  or  seed  containing  the  Mexican  boll  weevil,  whether  adu 
or  in  the  pupal,  larval,  or  egg  state ; and  any  such  person,  firm,  or  corporatio! 
violating  this  provision  of  the  act  of  the  legislature  shall,  on  conviction,  an 
prescribed  by  section  4 of  Act  No.  6 of  the  extra  session  of  the  legislature,  aj 
proved  December  15,  1903,  be  fined  not  less  than  twenty-five  dollars  nor  moi ; 
than  one  thousand  dollars  for  each  offense,  or  imprisoned  for  not  less  than  p 
days  nor  more  than  six  months. 

Sec.  4.  Be  it  f urther  declared,  ordained,  and  ordered,  That  the  experimen 
station  entomologist  shall  be  the  entomologist  of  this  commission ; and  it  j 
hereby  made  his  duty,  with  the  assistance  of  the  inspectors  hereafter  provide 
for,  to  carry  out  and  enforce  the  provisions  of  Act  No.  0 of  the  extra  session  <1 
the  legislature  of  the  State  of  Louisiana,  approved  December  15,  1903.  1 

the  enforcement  of  the  said  act  of  the  legislature  he  shall  have  the  right,  an 
it  is  hereby  made  his  duty  whenever  the  public  exigencies  require  it,  to  pr 
vent  the  bringing  into  or  carrying  through  the  State  of  Louisiana  of  any  of  tl 
property,  articles,  or  things  hereby  quarantined  against,  and  to  condemn  ar! 
cause  the  same  to  be  destroyed,  as  well  as  condemn  and  cause  to  be  destroy*!  t 
all  other  property,  premises,  or  fields  in  this  State  infested  with  the  Mexicrf 
boll  weevil  or  other  seriously  injurious  insect  or  disease. 

The  district  attorneys  throughout  the  State  are  hereby  especially  enjoined  i 


. LOUISIANA. 


59 


aid  and  assist  this  commission  in  carrying  out  the  provisions  of  Act  No.  0 of 
the  extra  session  of  the  legislature  of  this  State,  approved  December  15,  1903,  as 
is  made  their  duty  by  section  5 of  said  act. 

Sec.  5.  Be  it  further  declared,  ordained,  and  ordered,  That,  in  addition  to  the 
entomologist  of  this  commission,  the  executive  committee  of  this  commission 
may,  and  is  hereby,  given  power  and  authority  to  appoint  necessary  assistant 
entomologists,  who  shall  perform  such  duties  as  may  be  assigned  to  them  by  the 
entomologist  of  this  commission,  and  who  shall  be  under  his  supervision  and  . con 
trol,  and  shall  be  subject  to  removal  or  dismissal  by  the  executive  committee 
of  this  commission  whenever,  in  its  opinion,  it  may  deem  advisable  to  dispense 
with  their  services ; such  assistant  entomologists  shall  receive  and  be  paid  such 
a salary  as  may  be  fixed  by  the  executive  committee,  payable  by  the  State  treas- 
urer on  the  voucher  of  the  secretary  of  this  commission,  approved  by  the  gov- 
ornor,  out  of  any  funds  to  the  credit  of  the  commission. 

Sec.  6.  Be  it  further  declared,  ordained,  and  ordered,  That  as  many  inspectors 
as  may  be  necessary  be  appointed  by  the  executive  committee  of  this  commis- 
sion ; such  inspectors  shall  perform  their  duties  under  the  direct  supervision  and 
control  of  the  entomologist  of  this  commission.  Each  inspector  shall  receive 
such  a salary  for  his  services  as  the  executive  committee  may  fix,  payable 
monthly  by  the  State  treasurer  out  of  any  funds  to  the  credit  of  said  commission, 
on  the  voucher  of  the  secretary  of  the  commission,  approved  by  the  governor. 
Inspectors  shall  be  liable  to  removal  or  dismissal  by  the  entomologist  of  this 
commission  whenever,  in  his  opinion,  it  may  be  advisable  to  dismiss  or  remove 
them.  It  is  hereby  made  their  duty  to  prevent  the  bringing  into  or  through  the 
State  of  Louisiana  any  of  the  articles,  property,  or  things  hereby  quarantined 
against,  and  to  prevent  the  shipment  or  removal,  from  any  infested  place  in  this 
State  to  any  place  in  this  State  not  infested,  of  any  of  the  articles,  property,  or 
things  which  it  is  hereby  declared  shall  not  be  removed ; and,  acting  under  the 
authority  and  control  of  the  entomologist  of  this  commission,  and  whenever 
deemed  necessary  by  him,  to  destroy  any  and  all  such  property,  as  well  as  any 
and  all  growing  crops,  fields,  premises,  and  other  property  which  may  be  infested 
with  the  Mexican  boll  weevil  or  other  seriously  injurious  insect  or  disease.  It 
is  hereby  further  made  their  duty  to  cause  the  arrest  of  any  and  all  persons 
guilty  of  violating  any  of  the  rules,  orders,  and  regulations  of  this  commission, 
as  well  as  any  of  the  provisions  of  Act  No.  6 of  the  extra  session  of  the  legislature 
of  the  State  of  Louisiana,  approved  December  15,  1903. 

Sec.  7.  Be  it  further  declared,  ordained,  and  ordered.  That  compensation, 
when  paid  for  property  destroyed,  shall  be  fixed  by  this  commission  in  the  man- 
ner provided  by  section  G of  act  No.  G of  the  acts  of  the  legislature  of  this 
State,  approved  December  15,  1903. 

Sec.  8 (as  amended  November  7,  1905).  (a)  No  firm,  person,  or  corpora- 

tion shall  sell,  ship,  exchange,  deliver  or  give  away,  within  the  State  of  Louisi- 
ana, any  trees,  vines,  shrubs,  buds,  cuttings,  or  plants,  or  parts  of  plants,  known 
to  be  infested  with  the  San  Jose  scale. 

(b)  All  nursery  stock  shipped  into  this  State  from  any  other  State  or  country 
shall  be  prominently  labeled  with  a certificate  of  inspection  signed  by  the  State 
entomologist  or  other  duly  authorized  official  of  the  State  or  country  in  which 
said  stock  was  grown.  Shipments  not  so  labeled  shall  be  liable  to  confiscation 
upon  the  order  of  the  entomologist  of  the  crop  pest  commission. 

(c)  Transportation  companies  and  their  agents  shall  immediately  notify  the 
secretary  of  the  crop  pest  commission  (Shreveport,  Louisiana),  when  by  over- 
sight, negligence,  or  otherwise,  any  shipment  of  nursery  stock  without  a proper 
certificate  attached,  shall  arrive  at  any  station  or  wharf  in  this  State,  and  it 


LAWS  AGAINST  INJURIOUS  INSECTS. 


60 

shall  be  the  duty  of  the  secretary  to  proceed  as  speedily  as  possible,  by  himself 
or  his  assistant,  to  investigate  and  dispose  of  such  shipment. 

(d)  The  entomologist  and  his  assistants  shall  have  authority  to  inspect  any 
shipment  of  nursery  stock  at  any  station  or  wharf  in  this  State,  and  shall  have 
authority  to  stop  any  nursery  stock  when  in  transit,  for  the  purpose  of  inspect- 
ing the  same,  regardless  of  whether  such  stock  shall  bear  a certificate  of  inspec- 
tion or  not.  The  entomologist  shall  have  authority  to  seize,  condemn,  and; 
destroy  any  nursery  stock  infested  with  San  Jose  scale,  or  other  seriously  in- 
jurious insect  or  disease,  found  within  the  confines  of  this  State. 

(e)  Each  any  every  person,  firm,  or  corporation  growing  nursery  stock  for 
sale  in  this  State  shall  apply  to  the  secretary  of  the  crop  pest  commission  for 
inspection  on  or  before  July  1 of  each  year.  It  shall  he  the  duty  of  the  secretary 
to  inspect  such  nursery  not  later  than  November  1st.  If  upon  such  inspection 
the  nursery  stock  and  premises  he  found  apparently  free  from  the  San  Jose 
scale,  and  other  seriously  injurious  insects  and  plant  diseases,  a certificate  shall 
be  given  to  that  effect.  On  and  after  August  1,  1905,  a copy  of  said  certificate 
bearing  the  seal  of  the  crop  pest  commission  and  the  facsimile  signature  of  the 
secretary,  shall  be  attached  to  each  and  every  box,  bundle,  and  package  of 
nursery  stock  shipped  within  this  State.  Shipments  of  nursery  stock  not  so 
labeled  shall  be  refused  for  shipment  by  all  common  carriers  and  their  agents, 
and  such  stock,  if  found  in  transit  or  in  the  possession  of  any  common  carrier  by 
the  entomologist  or  his  assistants,  shall  be  liable  to  confiscation. 

(f)  No  firm,  person,  or  corporation  shall  sell,  give  away,  exchange,  or  deliver 
within  this  State  any  trees,  vines,  shrubs,  or  plants,  commonly  known  as 
nursery  stock,  without  same  having  attached  thereto  in  a prominent  manner,  a 
copy  of  the  certificate  of  inspection  signed  by  the  secretary  of  the  State  crop 
pest  commission,  or  by  the  State  entomologist,  or  other  duly  authorized  official  of 
the  State  or  country  in  which  said  nursery  stock  was  grown. 

(g)  The  entomologist  of  the  commission  shall  have  power  to  require  any 
one  in  the  State  to  fumigate  his  trees,  shrubs,  or  plants  with  hydrocyanic  acid 
gas  or  other  substance,  when,  in  his  judgment,  such  treatment  is  necessary  or 
advisable  for  the  proper  protection  of  the  agricultural  or  horticultural  interests 
of  the  State  or  of  any  section  thereof. 

Sec.  9.  Be  it  further  declared,  ordained,  and  ordered,  That  these  rules  and 
orders  be,  and  the  same  are  hereby,  ordered  to  become  operative  and  to  take 
effect  at  once ; and  all  previous  rules  and  regulations,  or  parts  thereof,  in  con- 
flict herewith  are  hereby  repealed.  The  rules  and  regulations  of  the  crop  pest 
commission  shall  be  published  at  such  times  and  in  such  manner  as  the  commis- 
sion may  deem  necessary  and  expedient. 

Adopted  October  23,  1905. 


MAINE. 

Section  1.  All  nurseries  or  places  where  trees,  shrubs,  vines,  and  plants  are 
grown  or  offered  for  sale  shall  be  inspected  at  least  once  a year  by  a competent 
entomologist  to  be  employed  by  the  commissioner  of  agriculture ; and  if  no  dan- 
gerous insects  or  diseases  are  found  a certificate  to  that  effect  shall  be  issued 
by  the  said  commissioner  of  agriculture ; said  certificate  shall  contain  also  the 
name  of  the  entomologist  and  the  date  when  said  examination  is  made. 

The  entomologist  employed  for  this  purpose  shall  report  in  writing  imme- 
diately the  results  of  his  examination. 

Any  proprietor  or  owner  of  nurseries  or  places  where  trees,  shrubs,  vines,  and 
plants  are  found  to  be  infected  with  dangerous  insects  or  diseases  shall  be  noti- 


MAINE. 


61 


fied  of  the  same  by  the  commissioner  of  agriculture  at  once ; such  proprietor, 
owner,  or  his  agents  are  hereby  prohibited  selling  or  offering  for  sale  such  trees, 
shrubs,  or  plants  unless  the  same  have  been  fumigated  or  otherwise  treated 
under  the  direction  of  the  commissioner  of  agriculture,  and  such  trees,  shrubs, 
or  plants  shall  bear  a certificate  of  the  same.  Any  violation  of  this  requirement 
shall  be  fined  not  more  than  fifty  dollars  for  each  and  every  offense. 

Sec.  2.  All  nursery  stock  shipped  into  this  State  from  any  other  State,  country, 
or  province  shall  bear  on  each  box  or  package  a certificate  that  the  contents  of 
said  box  or  package  have  been  investigated  by  a duly  authorized  inspecting 
officer,  and  that  said  contents  appear  to  be  free  from  all  dangerous  insects  or 
diseases.  In  case  nursery  stock  is  brought  into  the  State  without  such  a certifi- 
cate the  consignee  shall  return  it  to  the  consignor  at  the  expense  of  the  latter : 
Provided,  however,  That  any  box  or  package  bearing  a certificate  of  fumiga- 
tion, which  shall  be  an  affidavit  made  before  a justice  of  the  peace,  that  all 
stock  sold  by  the  consignor  has  been  fumigated  in  a manner  approved  by  the 
State  nursery  inspector  of  the  State  from  which  said  nursery  stock  is  shipped, 
the  same  may  be  accepted  as  though  bearing  a proper  certificate  of  inspection. 

Sec.  3.  Any  transportation  company  that  shall  bring  into  this  State  any  nurs- 
ery stock,  such  as  trees,  shrubs,  vines,  cuttings,  or  buds,  and  any  transportation 
company,  owner  or  owners  of  nursery  stock,  or  persons  selling  nursery  stock 
as  thus  defined,  who  shall  transport  such  stock  or  cause  it  to  be  transported 
within  the  State,  the  same  not  having  attached  to  each  box  or  package  an 
unexpired  official  certificate  of  inspection  or  an  affidavit  of  fumigation  which 
shall  meet  the  requirements  specified  in  section  one  of  this  act,  shall  be  guilty 
of  a misdemeanor,  and  on  conviction  thereof  be  subject  to  a fine  not  exceeding 
one  hundred  dollars  for  each  offense. 

I Sec.  4.  It  shall  be  the  duty  of  the  commissioner  of  agriculture  to  make  full 
investigation  of  any  locality  when  the  presence  of  the  brown-tail  or  gypsy  moths 
or  other  injurious  insects  or  plant  diseases  may  be  suspected.  Should  any  person 
in  the  State  suspect  the  presence  of  the  brown-t&il,  the  gypsy  moth,  the  San 
Jose  scale,  or  other  injurious  insects  or  diseases  preying  upon  trees,  shrubs,  or 
vines  in  his  possession  or  within  his  knowledge,  he  shall  forthwith  notify  the  com- 
missioner of  agriculture  to  that  effect ; and  it  shall  be  the  duty  of  said  commis- 
sioner of  agriculture  to  cause  the  said  trees,  shrubs,  or  vines  to  be  inspected  by 
a competent  entomologist,  who  shall  forthwith  make  a report  of  the  results  of 
his  inspection.  It  shall  be  the  duty  of  the  commissioner  of  agriculture  to  dis- 
seminate information  concerning  the  brown-tail  moth,  the  gypsy  moth,  and  other 
injurious  insects  or  plant  diseases.  Wherever  such  insects  or  diseases  may  be 
found  it  shall  also  be  the  duty  of  said  commissioner  to  at  once  proceed  to 
exterminate  or  control  all  such  insects  and  plant  diseases  as  may  come  to  his 
knowledge  within  the  limits  of  the  means  at  his  disposal. 

Sec.  5.  For  the  purpose  of  inspecting  any  trees,  shrubs,  or  plants  supposed  to 
be  infected  with  dangerous  insects  or  diseases,  the  authorized  entomologist  shall 
have  the  right  to  enter  private  or  public  grounds,  and  for  the  purpose  of  extermi- 
nating or  controlling  any  dangerous  insects  or  diseases  that  may  be  found  infect- 
ing trees,  shrubs,  or  plants  the  commissioner  of  agriculture  and  his  employees 
and  municipal  officers  and  their  employees  shall  have  the  right  to  enter  private 
and  public  grounds. 

Sec.  6.  For  the  purpose  of  carrying  into  effect  the  provisions  of  this  act  the 
sums  of  five  thousand  dollars  for  the  year  nineteen  hundred  and  five  and  for  the 
year  nineteen  hundred  and  six,  or  such  part  thereof  as  may  be  necessary,  are 
hereby  appropriated. 

Sec.  7.  In  case  of  violation  of  this  act  it  shall  be  the  duty  of  the  commissioner 


G2 


LAWS  AGAINST  INJURIOUS  INSECTS. 


of  agriculture  to  enforce  the  penalties  set  down  in  sections  one  and  three  >f 
this  act. 

Sec.  8.  The  statute  law  entitled  “An  act  for  the  protection  of  trees  and  shrubs 
from  injurious  insects  and  diseases  ” is  hereby  repealed. 

Sec.  9.  This  act  shall  take  effect  when  approved. 

Approved  February  28,  1905. 


MARYLAND. 


Laws  of  Maryland,  1898,  Chapter  289. 

An  Act  to  repeal  sections  51,  52,  53,  54,  55,  56,  57,  and  58  of  Article  XLVIII  of  the  Code: 
of  Public  General  Laws,  title  “ Inspection,”  subtitle  “ Trees  and  nursery  stock,"  as  desig- 
nated by  chapter  290  of  the  Acts  of  the  General  Assembly  of  Maryland  of  1896,  and  toi 
reenact  the  same  with  amendments,  under  a new  subtitle,  to  be  known  as  “ State! 
horticultural  department,”  and  to  add  thereto  eight  new  sections,  to  be  designated  59, 
59a,  60,  61,  62,  63,  64,  and  65,  providing  for  the  protection  of  the  horticultural  inter-) 
ests  of  the  State  by  the  suppression  and  extermination  of  the  San  Jose  scale,  peach- 
yellows,  pear-blight,  and  other  injurious  insect  pests  and  plant  diseases,  and  to  create 
the  offices  of  “ State  entomologist,”  “ State  pathologist,”  and  “ State  horticulturist,” 
and  to  appropriate  a sum  of  money  therefor. 

Section  1.  Be  it  enacted  by  the  general  assembly  of  Maryland , That  sections 
51,  52,  53,  54,  55,  56,  57,  and  58  of  Article  XLVIII  of  the  Code  of  Public  Generali 
Laws,  title  “Inspection,”  subtitle  “Trees  and  nursery  stock,”  as  passed  by 
the  general  assembly  of  Maryland,  session  1896,  chapter  290,  be,  and  the  same 
are  hereby,  repealed  and  reenacted  to  read  as  follows: 

51.  That  a State  horticultural  department  be  established  for  the  State  of 
Maryland;  that  its  purpose  is  to  suppress  and  eradicate  the  San  Jose  scale, 
peach-yellows,  pear-blight,  and  other  injuriously  dangerous  insect  pests  and 
plant  diseases  throughout  the  State  of  Maryland. 

52.  That  the  professor  of  entomology,  the  professor  of  vegetable  pathology, 
and  the  professor  of  horticulture  of  the  Maryland  Agricultural  College  and 
Experiment  Station  shall  be  the  State  entomologist,  State  pathologist,  and  State 
horticulturist,  respectively. 

53.  That  the  said  horticultural  department  shall  be  under  the  control  of  the 
board  of  trustees  of  the  Maryland  Agricultural  College  and  Experiment  Station, 
to  whom  the  officers  created  under  this  act  shall  be  responsible ; that  the  salary 
of  the  State  entomologist  and  State  pathologist  shall  be  fixed  by  the  said  board  of 
trustees,  and  the  said  board  shall  likewise  fix  the  compensation  of  any  assistant 
or  assistants,  employe  or  employes,  and  control  all  expenses  thereof.  That  the 
expenses  of  said  department  shall  be  paid  out  of  an  appropriation  hereinafter 
provided  for,  and  that  said  board  of  trustees  be  invested  with  all  powers  neces-i 
sary  to  carry  into  effect  the  provisions  of  this  act;  but  no  expenses  shall  be  in- 
curred beyond  the  amount  appropriated. 

54.  That  it  shall  be  the  duty  of  said  State  entomologist  and  State  pathologist, 
their  assistants,  and  employes,  under  the  control  of  trustees  of  said  college,  to 
seek  out  and  suppress  all  pernicious  insect  pests  and  contagious  diseases  herein- 
before mentioned  as  destructive  to  horticultural  and  agricultural  interests  of 
this  State,  and  conduct  experiments  when  necessary  to  accomplish  that  end. 

55.  That  in  order  to  accomplish  the  purposes  of  this  act  the  State  entomolo- 
gist and  the  State  pathologist,  their  assistants,  and  employes,  or  any  other 
officer,  assistant,  or  employe  appointed  by  said  board  of  trustees  are  hereby 
authorized  to  enter  upon  any  public  premises,  parks,  cemeteries,  or  other  prem- 
ises, or  upon  any  land  of  any  firm,  corporation,  or  private  individual  within  the 


MARYLAND. 


68 


tate  of  Maryland  for  the  purpose  of  inspection,  destroying,  treating,  or  experi- 
lenting  upon  the  insects  and  diseases  aforesaid.  Should  any  insect  or  disease 
aund  by  said  State  entomologist  or  State  pathologist,  or  by  any  other  officer 
ppointed  by  said  trustees,  be,  in  their  opinion,  capable  of  eradication  without 
lie  destruction  of  the  tree  or  plant,  then  said  officers  are  to  treat  or  cause  to  be 
reated  with  proper  remedies  and  appliances  all  such  trees,  vines,  shrubs,  plants, 
ud  grains.  Further,  said  State  officers  shall  treat  or  have  treated,  in  order  to 
revent  the  dissemination  of  the  aforesaid  insects  or  diseases,  any  and  all  sus- 
picious trees,  vines,  shrubs,  plants,  and  grains  found  to  be  in  a dangerous  prox- 
mity  to  those  infested  as  aforesaid. 

5G.  That  should  any  of  the  officers  aforesaid,  through  their  assistants  and 
mployes,  or  by  any  notification  whatsoever,  find  any  fruit  trees,  vines,  shrubs, 
lants,  or  grains  infested  or  diseased  with  the  aforesaid  insects  or  diseases,  the 
foresaid  officers  shall  mark  or  tag  in  some  conspicuous  way  all  trees,  vines, 
lirubs,  plants,  or  grains  infested  with  the  aforesaid  diseases  and  shall  give 
lotice  in  writing  to  the  owner  or  owners,  tenants,  or  person  in  charge  of  such 
iremises  of  the  condition  thereof,  and  thereupon,  if  such  person  or  persons  so 
lotified  shall  not  within  ten  (10)  days  after  notification,  destroy  or  treat  the 
ame  in  accordance  with  regulations  and  rules  of  said  trustees,  a copy  of  which 
sill  be  sent  on  application  to  any  person,  then  said  trustees  shall,  through 
heir  officers,  assistants,  or  employes,  destroy  or  treat  all  such  trees,  plants, 
ines,  shrubs,  and  grains,  and  the  State  officers  shall  file  a statement  of  the 
■xpenses  of  such  destruction  or  treatment  with  the  trustees  of  said  college, 
md  said  trustees  shall  transmit  a copy  of  such  statement  and  account  of  such 
‘xpenditure,  with  the  usual  affidavit  attached  thereto  to  be  made  by  the  State 
tfficers,  which  shall  be  sufficient  evidence  to  prove  the  claim  to  the  State’s 
ittorney  of  the  county  where  the  owner  of  such  premises  resides,  and  said 
ittorney  is  directed  to  collect  the  same  and  account  to  the  trustees  of  the  Mary- 
and  Agricultural  College  therefor. 

57.  That  it  shall  be  the  duty  of  said  trustees  to  send  the  State  entomologist, 
>r  the  State  pathologist,  or  their  duly  authorized  assistants,  at  least  once  a 
/ear  into  each  county  of  the  State  for  the  purpose  „of  determining  by  inspection 
he  healthfulness  and  general  condition  of  the  horticultural  and  agricultural 
nterests. 

58.  That  it  is  hereby  also  made  the  duty  of  the  said  board  of  trustees, 
hrougk  the  State  entomologist  and  the  State  pathologist,  or  their  duly  authorized 
assistants,  to  inspect  at  least  once  in  every  six  (6)  months  all  nurseries  of  trees, 
/ines,  shrubs,  and  plants  subject  to  the  aforesaid  insects  or  diseases  within  the 
State,  and  if  found  free,  so  far  as  can  be  determined  by  inspection,  from  the 
aforesaid  insects  or  diseases,  to  give  to  the  owner  or  owners,  or  persons  in 
•harge  of  said  nurseries,  a certificate  of  inspection  showing  such  nurseries  or 
premises  to  be  apparently  free  from  such  insects  and  diseases.  If  any  of  the 
aforesaid  insects  or  diseases  should  be  found  in  any  nursery  or  orchard,  or 
any  premises  within  the  State  where  nursery  stock  is  grown,  the  aforesaid 
officers  shall  cause  to  be  destroyed  or  treated  such  portion  of  such  nursery 
stock  or  other  trees  or  plants  as  in  their  opinion  may  be  necessary,  and  shall 
release  all  other  nursery  stock  grown  upon  said  premises  and  issue  a certificate 
of  inspection  to  the  owner  or  owners  as  herein  provided  for ; and  if  such 
infested  or  diseased  trees,  vines,  plants,  or  shrubs  be  destroyed  by  the  afore- 
said officers,  then  the  owner  shall  pay  the  cost  thereof,  and  if  he  refuse  to  pay 
the  same  it  shall  be  collected  as  prescribed  in  section  56.  No  nurseryman, 
broker,  agent,  dealer,  or  other  person  shall  be  permitted  to  sell,  ship,  send  out, 
or  give  away,  by  mail,  express,  freight,  or  otherwise,  any  trees,  vines,  shrubs, 


64 


LAWS  AGAINST  INJURIOUS  INSECTS. 


plants,  buds,  or  cuttings  from  any  such  nurseries  or  premises  without  accom-l 
panying  the  same  with  a copy  of  the  said  certificate  printed  upon  a tag  or 
label  not  easily  destroyed,  the  same  to  be  firmly  attached  in  some  conspicuous 
position  upon  each  carload,  box,  bale,  or  package  so  sent  out  or  delivered. 

Sec,  2.  And  be  it  enacted  by  the  general  assembly  of  Maryland , That  the  fol- 
lowing sections  be,  and  the  same  are  hereby,  added  to  Article  XLVIII  of  the  Code 
of  Public  General  Laws,  title  “ Inspections,”  subtitle  “ Horticultural  depart- 
ment,” to  be  designated  as  sections  59,  59  a,  60,  61,  62,  63,  64,  and  65. 

59.  That  should  any  nurseryman,  agent,  broker,  dealer,  or  other  person  send 
out  or  deliver  within  the  State,  or  transport  to  any  other  State  or  Territory,  or 
the  District  of  Columbia,  trees,  vines,  shrubs,  plants,  buds,  or  cuttings  subject 
to  the  attacks  of  insects  and  diseases  above  provided  for  without  attaching  a 
copy  of  said  certificate,  deface  or  destroy  said  certificate,  or  wrongfully  attach 
a certificate,  he  shall  be  adjudged  guilty  of  a misdemeanor,  and  shall  upon  con- 
viction before  any  justice  of  the  peace  be  fined  a sum  not  less  than  ten  dollars 
($10.00)  or  more  than  one  hundred  dollars  ($100.00)  and  costs  of  prosecution 
for  each  and  every  offense,  and  stand  committed  until  such  fine  and  costs  are 
paid,  and  the  fines  so  collected  shall  be  paid  to  the  trustees  of  the  said  college, 
and  be  added  to  the  funds  herein  provided  for  carrying  out  the  provisions  of 
this  act. 

59  a.  That  all  trees,  plants,  vines,  shrubs,  buds,  or  cuttings,  commonly  known 
as  nursery  stock,  grown  or  handled  by  each  and  every  nurseryman  within  this 
State,  and  subject  to  the  attacks  of  the  aforesaid  insects  or  disease,  shall  be 
fumigated  by  the  nurseryman  owning  the  same  with  hydrocyanic-acid  gas  in 
buildings  or  enclosures  inspected  and  approved  by  the  aforesaid  State  officers 
under  their  discretion. 

60.  That  when  any  trees,  plants,  shrubs,  vines,  buds,  or  cuttings,  commonly 
known  as  nursery  stock,  are  shipped  into  the  State  from  any  other  State  or 
Territory  or  the  District  of  Columbia  to  any  nurseryman,  broker,  dealer,  agent, 
or  other  person  in  this  State,  every  carload,  bale,  box,  or  package  thereof 
shall  be  plainly  labeled  on  the  outside  with  the  name  of  the  consignor,  the 
name  of  the  consignee,  and  a certificate  showing  that  the  contents  have  been 
inspected  by  a qualified  State  or  Government  officer,  and  that  the  trees,  plants, 
vines,  shrubs,  or  cuttings  therein  contained  are  apparently  free  from  the  insects 
and  diseases  herein  provided  for.  Whenever  any  trees,  plants,  vines,  shrubs, 
buds,  or  cuttings  are  shipped  into  this  State  from  any  other  State  or  Territory 
or  the  District  of  Columbia  without  such  certificate  plainly  fixed  on  the  outside 
of  each  carload,  box,  bale,  or  package,  the  agent  of  the  transportation  company, 
firm,  or  person  receiving  same  shall  not  deliver  said  nursery  stock  to  the  con- 
signee or  agent  representing  the  consignor,  and  said  agent  of  the  transportation 
company,  firm,  or  person  shall  notify  the  State  entomologist  or  State  pathologist 
at  the  Maryland  Agricultural  College,  and  said  State  officer  receiving  such  noti- 
fication shall  immediately  notify  any  justice  of  the  peace  of  this  State  to  issue 
a summons  for  the  consignee  and  the  agent  or  consignor,  if  he  be  known,  of 
such  carload,  bale,  box,  or  package  of  nursery  stock  to  appear  before  him  on  a 
certain  day  to  be  named  therein  to  show  why  such  trees,  plants,  vines,  shrubs, 
buds,  or  cuttings  should  not  be  seized  as  being  in  violation  of  the  provisions  of 
this  act,  and  on  trial  thereof,  if  said  justice  be  satisfied  that  the  provisions  of 
this  act  have  been  violated,  said  justice  shall  order  said  agent  or  consignee  to 
return  such  carload,  box,  bale,  or  package  of  trees,  plants,  shrubs,  vines,  buds, 
or  cuttings  immediately  to  the  shipper  or  consignor,  unless  said  consignee  or 
agent  of  the  consignor  at  his  expense  shall  forthwith  have  said  nursery  stock 
examined  by  the  State  entomologist  and  State  pathologist  of  this  State  and  such 


MARYLAND. 


65 


officers  certify  to  such  justice  of  the  peace  that  said  nursery  stock  is  appar- 
ently free  from  the  insects  and  diseases  mentioned  herein,  and  tag  every  such 
carload,  box,  bale,  and  package  inspected  by  said  officers  with  their  certificate 
of  inspection ; and  if  said  agent  or  consignee  shall  fail  to  have  said  nursery 
stock  examined  by  said  State  officials  or  fail  to  return  such  carload,  box,  bale, 
or  package  thereof,  then  said  justice  of  the  peace  shall  order  and  direct  the 
constable  or  sheriff  to  burn  and  destroy  all  such  trees,  plants,  shrubs,  vines,  buds, 
or  cuttings  that  have  been  shipped  into  this  State  in  violation  of  this  act. 

61.  That  whenever  any  agent  of  a transportation  company,  firm,  or  person 
shall  receive  a carload,  box,  bale,  or  package  of  trees,  plants,  shrubs,  vines, 
buds,  or  cuttings  without  a certificate  attached,  as  provided  for  in  section  60  of 
this  act,  and  shall  fail  to  notify  the  State  entomologist  or  State  pathologist  of 
this  fact  immediately  upon  the  arrival  of  such  nursery  stock,  and  before  deliver- 
ing the  same  to  the  consignee,  said  agent  of  the  transportation  company,  firm, 
or  person  shall  be  adjudged  guilty  of  a misdemeanor,  and  shall,  upon  conviction 
before  a justice  of  the  peace,  be  fined  a sum  not  less  than  ten  dollars  ($10.00) 
nor  more  than  one  hundred  dollars  ($100.00)  and  costs  of  prosecution  for  each 
and  every  offense,  and  stand  committed  until  such  fine  and  costs  are  paid ; and 
the  fines  so  collected  shall  be  paid  to  the  trustees  of  said  college  to  be  added  to 
the  funds  herein  provided  for  carrying  out  the  provisions  of  this  act.  If  any 
nurseryman,  dealer,  or  agent  sell,  ship,  or  deliver  any  trees,  plants,  shrubs,  or 
vines  into  or  in  this  State,  which  is  infested  with  San  Jose  scale,  peach-yellows, 
pear-blight,  or  other  injurious  diseases,  and  upon  examination  by  the  State 
pathologist,  State  entomologist,  or  their  assistants,  is  condemned  by  being  so 
infested,  the  said  trees,  plants,  vines,  and  shrubs  shall  be  destroyed,  and  the 
nurseryman,  dealer,  or  agent  shall  forfeit  the  value  of  such  stock,  and  shall  not 
collect  the  same  from  the  purchaser  or  consignee. 

62.  That  the  State  entomologist,  State  pathologist,  and  State  horticulturist 
shall  submit  annually  a written  report  on  or  before  the  first  day  of  February  of 
their  inspections  and  investigations  to  the  board  of  trustees,  which  shall  be 
transmitted  to  the  governor  of  the  State  and  the  general  assembly,  and  pub- 
lished, as  are  the  reports  of  other  State  organizations,  and  distributed  among  the 
people  of  the  State  as  bulletins  of  the  Maryland  agricultural  experiment  station. 

63.  That  the  report  of  the  present  State  entomologist,  including  the  work  done 
by  him  up  to  the  date  of  the  passage  of  this  act,  shall  be  published  and  dis- 
tributed as  indicated  and  provided  for  in  section  62  of  this  act,  as  the  first 
annual  report  of  the  Maryland  state  entomologist. 

64.  That  the  sum  of  ten  thousand  dollars  the  first  year,  and  eight  thousand 
dollars  annually  thereafter  be,  and  is  hereby,  appropriated  in  order  to  carry  out 
the  provisions  of  this  act  and  properly  provide  for  the  above-described  inspec- 
tions ; to  employ  men  qualified  for  their  respective  positions ; to  procure  the 
requisite  facilities  and  equipment  necessary  for  the  proper  performance  of  the 

• duties  herein  incurred,  and  to  offer  means  of  support  for  investigation  in  addi- 
tion to  the  inspection  work  of  the  State  officers,  and  the  dissemination  of 
information  that  will  promote  the  horticultural  and  agricultural  interests  of 
this  State. 

65.  That  the  comptroller  be,  and  that  he  is  hereby,  authorized  to  issue  his 
warrant  upon  the  treasurer  of  this  State  for  the  said  sum  of  ten  thousand  dollars 
for  the  year  eighteen  hundred  and  ninety-eight,  and  the  sum  of  eight  thousand 
dollars  annually  thereafter,  out  of  any  funds  not  otherwise  appropriated ; that 
the  said  sum  of  money  shall  be  payable  to  the  Maryland  Agricultural  College  on 
or  before  the  first  of  October  of  each  fiscal  year,  and  the  first  yearly  payment 


7418 — No.  61  m 


-6 


66 


LAWS  AGAINST  INJURIOUS  INSECTS. 


shall  be  made  during  the  fiscal  year  ending  September  first,  eighteen  hundred  and 
ninety-eight. 

Sec.  3.  And  be  it  enacted , That  this  act  shall  take  effect  from  the  date  of  its 
passage. 

Approved  April  9,  1898. 


MASSACHUSETTS. 

Acts  of  1902,  Chapter  495. 

An  Act  to  authorize  the  State  board  of  agriculture  to  appoint  a State  nursery  inspector 
and  to  provide  for  the  protection  of  trees  and  shrubs  from  injurious  insects  and  dis- 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  State  board  of  agriculture  shall  annually  appoint  some  person 
qualified  by  scientific  training  and  practical  experience,  to  be  State  nursery 
inspector,  and  he  shall.be  responsible  to  the  board  for  the  performance  of  his 
duties  as  prescribed  in  this  act.  The  said  inspector  may  appoint  such  number 
of  deputies,  not  exceeding  three,  as  he  may  deem  necessary  or  expedient. 

Sec.  2.  It  shall  be  the  duty  of  the  State  nursery  inspector,  either  personally 
or  through  his  deputies,  to  inspect  at  least  once  each  year  all  nurseries  or  places 
in  the  State  where  nursery  stock  is  grown,  sold,  or  offered  for  sale,  and  if  no 
dangerous  insect  or  fungous  pests  are  found  therein  a certificate  to  that  effect 
shall  be  given.  If  such  pests  are  found  therein  the  owner  of  the  stock  shall 
take  such  measures  to  suppress  the  same  as  the  State  nursery  inspector  shall 
prescribe,  and  no  certificate  shall  be  given  until  the  said  inspector  has  satisfied 
himself  by  subsequent  inspections  that  all  such  pests  have  been  suppressed. 

Sec.  3.  Any  owners  of  nurseries  or  of  places  in  the  State  where  nursery  stock 
is  grown,  sold,  or  offered  for  sale,  who  do  not  hold  an  unexpired  certificate  of 
inspection  after  the  first  annual  inspection  made  after  the  passage  of  this  act, 
who  shall  sell  or  otherwise  dispose  of  nursery  stock  in  the  State,  shall  be  sub- 
ject to  a penalty  of  not  less  than  twenty-five  nor  more  than  one  hundred  dol- 
lars for  each  offence. 

Sec.  4.  Any  owners  of  nurseries  or  of  places  in  the  State  where  nursery  stock 
is  grown,  sold,  or  offered  for  sale,  who  shall  fumigate  with  hydrocyanic-acid  gas 
all  stock  which  they  sell,  using  at  least  two-tenths  of  a gram  of  potassic  cyanide 
to  every  cubic  foot  of  space  contained  in  the  box,  house,  or  other  place  wherein 
this  fumigation  is  performed,  which  place  shall  be  gas  tight,  and  who  shall 
expose  the  said  stock  to  the  fumes  of  this  gas  of  the  strength  aforesaid  for  at 
least  forty  minutes,  or  who  shall  treat  the  stock  which  they  sell  by  some  other 
method  approved  by  the  State  nursery  inspector,  and  who  shall  make  affidavit 
before  a justice  of  the  peace  that  all  stock  sold  by  them  has  thus  been  fumigated 
or  treated,  and  who  shall  attach  a copy  of  such  affidavit  to  each  package,  box, 
or  car  of  stock  sold,  shall  be  exempt  from  the  provisions  of  sections  two  and 
three  of  this  act. 

Sec.  5.  All  nursery  stock  shipped  into  this  State  from  any  other  State,  coun- 
try, or  province  shall  bear  on  each  box  or  package  a certificate  that  the  con- 
tents of  said  box  or  package  have  been  inspected  by  a duly  authorized  inspect- 
ing officer,  and  that  said  contents  appear  to  be  free  from  all  dangerous  insects 
or  diseases.  In  case  nursery  stock  is  brought  within  the  State  without  such  a 
certificate  the  consignee  shall  return  it  to  the  consignor  at  the  expense  of  the 


MASSACHUSETTS. 


67 


latter,  or  shall  call  the  State  nursery  inspector  to  inspect  the  same : Provided, 
however,  That  any  package  or  box  bearing  a certificate  of  fumigation  which 
meets  the  requirements  specified  in  section  four  of  this  act  may  be  accepted 
as  though  bearing  a proper  certificate  of  inspection. 

Sec.  6.  The  State  nursery  inspector  shall  determine  the  season  for  inspecting 
nurseries  and  the  forms  of  certificates  to  be  given,  but  in  no  case  shall  he  issue 
a certificate  which  shall  continue  in  force  after  the  first  day  of  July  next  follow- 
ing the  date  of  inspection.  He  or  any  of  his  deputies  shall  at  all  times  have 
the  right  to  enter  any  public  or  private  grounds  in  the  performance  of  any  duty 
required  by  this  act.  He  and  each  of  his  deputies  shall  receive  five  dollars  for 
each  day’s  service  required  of  them  under  this  act,  and  the  travelling  and  other 
expenses  necessarily  incurred  in  the  said  service. 

Sec.  7.  A sum  not  exceeding  one  thousand  dollars  may  be  expended  by  the 
State  board  of  agriculture  in  carrying  out  the  provisions  of  this  act. 

Approved  June  19,  1902. 

Chapter  381. 

An  Act  to  provide  for  suppressing  the  gypsy  and  brown-tail  moths. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  this  act  the  pupae,  nests,  eggs,  and  caterpillars 
of  the  gypsy  and  brown-tail  moths  and  said  moths  are  hereby  declared  public 
nuisances,  and  their  suppression  is  authorized  and  required ; but  no  owner  or 
occupant  of  an  estate  infested  by  such  nuisance  shall  by  reason  thereof  be 
liable  to  an  action,  civil  or  criminal,  except  to  the  extent  and  in  the  manner  and 
form  herein  set  forth. 

Sec.  2.  The  governor,  by  and  with  the  consent  of  the  council,  shall  appoint  a 
superintendent  for  suppressing  the  gypsy  and  brown-tail  moths  and  shall  deter- 
mine his  salary.  The  governor  may,  with  the  consent  of  the  council,  remove 
said  superintendent  at  any  time  for  such  cause  as  he  shall  deem  sufficient.  In 
case  of  the  death,  removal,  or  resignation  of  the  superintendent  the  governor 
shall  forthwith  appoint  a successor.  On  or  before  the  third  Wednesday  in  Janu- 
ary in  each  year  the  superintendent  shall  make  a report  of  his  proceedings  to 
the  general  court,  which  shall  be  a public  document  and  shall  be  printed.  Said 
report  shall  separate  so  far  as  is  practicable  the  expenditures  on  work  against 
the  gypsy  moth  from  those  on  work  against  the  brown-tail  moth  in  each  city  and 
town. 

Sec.  3.  The  said  superintendent  shall  act  for  the  Commonwealth  in  suppress- 
ing said  moths  as  public  nuisances,  in  accordance  with  the  provisions  of  this  act. 
For  this  purpose  he  shall  establish  an  office  and  keep  a record  of  his  doings  and 
of  his  receipts  and  expenditures,  and  may  make  rules  and  regulations.  He  may 
employ  such  clerks,  assistants,  and  agents,  including  expert  advisers  and  in- 
spectors, as  he  may  deem  necessary  and  as  shall  be  approved  by  the  governor. 
He  may  make  contracts  on  behalf  of  the  Commonwealth ; may  act  in  cooperation 
with  any  person,  persons,  corporation,  or  corporations,  including  other  States, 
the  United  States,  or  foreign  governments ; may  conduct  investigations  and  accu- 
mulate and  distribute  information  concerning  said  moths ; may  devise,  use,  and 
require  all  other  lawful  means  of  suppressing  or  preventing  said  moths ; may 
lease  real  estate  when  he  deems  it  necessary,  and,  with  the  approval  of  the 
board  in  charge,  may  use  any  real  or  personal  property  of  the  Commonwealth ; 
may  at  all  times  enter  upon  the  land  of  the  Commonwealth  or  of  a municipality, 
corporation,  or  other  owner  or  owners,  and  may  use  all  reasonable  means  in 
carrying  out  the  purposes  of  this  act ; and,  in  the  undertakings  aforesaid,  may, 


68 


LAWS  AGAINST  INJURIOUS  INSECTS. 


in  accordance  with  the  provisions  of  this  act,  expend  the  funds  appropriated® 
or  donated  therefor;  but  no  expenditure  shall  be  made  or  liability  incurred  in® 
excess  of  such  appropriations  and  donations. 

Sec.  4.  Cities  and  towns,  by  such  public  officer  or  board  as  they  shall  desig-B 
nate  or  appoint,  shall,  under  the  advice  and  general  direction  of  said  superin-B 
tendent,  destroy  the  eggs,  pupae,  and  nests  of  the  gypsy  and  brown-tail  moths® 
within  their  limits,  except  in  parks  and  other  property  under  the  control  of  the® 
Commonwealth,  and  except  in  private  property,  save  as  otherwise  provided® 
herein.  When  any  city  or  town  shall  have  expended  within  its  limits  city  or® 
town  funds  to  an  amount  in  excess  of  five  thousand  dollars  in  any  one  calendar® 
year  in  suppressing  gypsy  or  brown-tail  moths  the  Commonwealth  shall  reiin-B 
burse  such  city  or  town  to  the  extent  of  fifty  per  cent  of  such  excess  above  said® 
five  thousand  dollars. 

Cities  or  towns  where  one  twenty-fifth  of  one  per  cent  of  the  assessed  valua-1 
tion  of  real  and  personal  property  is  less  than  five  thousand  dollars  and  where® 
the  assessed  valuation  of  real  and  personal  property  is  greater  than  six  mil-1 
lion  dollars  shall  be  reimbursed  by  the  Commonwealth  to  the  extent  of  eighty'! 
per  cent  of  the  amount  expended  by  such  cities  or  towns  of  city  or  town  funds! 
in  suppressing  the  gypsy  and  brown-tail  moths  in  any  one  calendar  year! 
in  excess  of  said  one  twenty-fifth  of  one  per  cent. 

In  the  case  of  towns  where  the  assessed  valuation  of  real  and  personal  prop-1 
erty  is  less  than  six  million  dollars,  after  they  have  expended  in  any  one  cal-1 
endar  year  town  funds  to  an  amount  equal  to  one  twenty-fifth  of  one  per  cent! 
of  their  assessed  valuation  of  real  and  personal  property,  the  Commonwealth! 
shall  expend  within  the  limits  of  such  towns,  for  the  purpose  of  suppressing® 
the  gypsy  and  brown-tail  moths,  such  an  amount  in  addition  as  the  superintend-jl 
ent,  with  the  advice  and  consent  of  the  governor,  shall  recommend.  Disburse-® 
ments  made  by  said  last-named  towns  in  excess  of  said  one  twenty-fifth  of 
one  per  cent  shall  be  reimbursed  by  the  Commonwealth  every  sixty  days ; but  I 
in  the  case  of  all  others  the  Commonwealth  shall  reimburse  cities  and  townsjl 
annually  according  to  the  provisions  of  this  act. 

No  city  or  town  shall  be  entitled  to  any  reimbursement  from  the  Common- { 
wealth  until  it  has  submitted  to  the  auditor  of  the  Commonwealth  itemized!  4 
accounts  and  vouchers,  showing  the  definite  amount  expended  by  it  for  tliejl 
purpose  of  this  act;  nor  shall  any  money  be  paid  out  of  the  treasury  of  the 
Commonwealth  to  cities  or  towns,  pursuant  to  the  provisions  of  this  act,  until  I 
said  vouchers  and  accounts  have  been  approved  by  the  auditor  of  the  Common-  j 
wealth. 

For  the  purposes  of  this  section  the  years  nineteen  hundred  and  five  and  ■ 
nineteen  hundred  and  seven  shall  be  considered  half  years,  and  the  valuation  | 
for  the  year  nineteen  hundred  and  four  shall  be  taken  as  a basis. 

Sec.  5.  When,  in  the  opinion  of  the  superintendent,  any  city  or  town  is  not 
expending  a sufficient  amount  for  the  abatement  of  said  nuisance,  then  the  su- 
perintendent shal  , with  the  advice  and  consent  of  the  governor,  order  such 
city  or  town  to  expend  such  an  amount  as  the  superintendent  shall  deem  neces- 1 
sary : Provided,  That  no  city  or  town  where  the  assessed  valuation  of  real  and  • 
personal  property  exceeds  six  million  dollars  shall  be  required  to  expend  dur- 
ing any  one  full  year  more  than  one-fifteenth  of  one  per  cent  of  such  valuation, 
and  that  no  town  where  the  assessed  valuation  of  real  and  personal  property  isi 
less  than  six  million  dollars  shall  be  required  to  expend  during  any  one  full  year 
more  than  one  twenty-fifth  of  one  per  cent  of  such  valuation.  For  the  purposes*  i 
of  this  section  the  valuation  of  the  year  nineteen  hundred  and  four  shall  be 
used. 


MASSACHUSETTS. 


69 


Any  city  or  town  failing  to  comply  with  the  directions  of  the  said  superin- 
tendent in  the  performance  of  said  work  within  the  date  specified  by  him  shall 
pay  a fine  of  one  hundred  dollars  a day  for  failure  so  to  do,  said  fine  to  be  col- 
lected by  information  brought  by  the  attorney-general  in  the  supreme  judicial 
court  for  Suffolk  County. 

Sec.  6.  The  mayor  of  every  city  and  the  selectmen  of  every  town  shall,  on 
or  before  the  first  day  of  November  in  each  year,  and  at  such  other  times  as  he 
or  they  shall  see  fit,  or  as  the  State  superintendent  may  order,  cause  a notice  to 
be  sent  to  the  owner  or  owners,  so  far  as  can  be  ascertained,  of  every  parcel  of 
land  therein  which  is  infested  with  said  moths,  or,  if  such  notification  appears 
to  be  impracticable,  then  by  posting  such  notice  on  said  parcels  of  land,  requir- 
ing that  the  eggs,  pupae,  and  nests  of  said  moths  shall  be  destroyed  within  a 
time  specified  in  the  notice. 

When,  in  the  opinion  of  the  mayor  or  selectmen,  the  cost  of  destroying  such 
eggs,  pupae,  and  nests  on  lands  contiguous  and  held  under  one  ownership  in  a 
city  or  town,  shall  exceed  one-half  of  one  per  cent  of  the  assessed  value  of  said 
lands,  then  a part  of  said  premises  on  which  said  eggs,  pupae,  or  nests  shall  be 
destroyed  may  be  designated  in  such  notice,  and  such  requirement  shall  not 
apply  to  the  remainder  of  said  premises.  The  mayor  or  selectmen  may  desig- 
nate the  manner  in  which  such  work  shall  be  done,  but  all  work  done  under 
this  section  shall  be  subject  to  the  approval  of  the  State  superintendent. 

If  the  owner  or  owners  shall  fail  to  destroy  such  eggs,  pupae,  or  nests  in 
accordance  with  the  requirements  of  the  said  notice,  then  the  city  or  town, 
acting  by  the  public  officer  or  board  of  such  city  or  town  designated  or 
appointed  as  aforesaid,  shall,  subject  to  the  approval  of  the  said  superintendent, 
destroy  the  same,  and  the  amount  actually  expended  thereon,  not  exceeding 
one-half  of  oife  per  cent  of  the  assessed  valuation  of  said  lands,  as  heretofore 
specified  in  this  section,  shall  be  assessed  upon  the  said  lands ; and  such  an 
amount  in  addition  as  shall  be  required  shall  be  apportioned  between  the  city  or 
town  and  the  Commonwealth  in  accordance  with  the  provisions  of  section  four 
of  this  act.  The  amounts  to  be  assessed  upon  private  estates  as  herein  provided 
shall  be  assessed  and  collected,  and  shall  be  a lien  on  said  estates  in  the  same 
manner  and  with  the  same  effect  as  is  provided  in  the  case  of  assessments  for 
street  watering. 

Sec.  7.  If,  in  the  opinion  of  the  assessors  of  a city  or  town,  any  land  therein 
has  received,  by  reason  of  the  abatement  of  said  nuisances  thereon  by  said 
superintendent  or  by  said  city  or  town,  a special  benefit  beyond  the  general 
advantage  to  all  land  in  the  city  or  town,  then  the  said  assessors  shall  deter- 
mine the  value  of  such  specific  benefit  and  shall  assess  the  amount  thereof  upon 
said  land:  Provided,  That  no  such  assessment  on  lands  contiguous  and  held 
under  one  ownership  shall  exceed  one-half  of  one  per  cent  of  the  assessed 
valuation  of  said  lands : And  provided,  That  the  owner  or  owners  shall  have 
deducted  from  such  assessment  the  amount  paid  and  expended  by  them  during 
the  twelve  months  last  preceding  the  date  of  such  assessment  toward  abating 
the  said  nuisances  on  said  lands,  if,  in  the  opinion  of  the  assessors,  such  amount 
has  been  expended  in  good  faith.  Such  assessment  shall  be  a lien  upon  the 
land  for  three  years  from  the  first  day  of  January  next  after  the  assessment 
has  been  made,  and  shall  be  collected  under  a warrant  of  the  assessors  to  the 
collector  of  taxes  of  such  city  or  town,  in  the  manner  and  upon  the  terms 
and  conditions  and  in  the  exercise  of  the  powers  and  duties,  so  far  as  they  may 
be  applicable,  prescribed  by  chapter  thirteen  of  the  Revised  Laws  relative  to 
the  collection  of  taxes. 


70 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Real  estate  sold  hereunder  may  be  redeemed  within  the  time,  in  the  manner,  I 
and  under  the  provisions  of  law,  so  far  as  they  may  be  applicable,  set  forth  in 
chapter  thirteen  of  the  Revised  Laws  for  the  redemption  of  land  sold  for  taxes.  I 

A person  aggrieved  by  such  assessment  may  appeal  to  the  superior  court  for 
the  county  in  which  the  land  lies,  by  entering  a complaint  in  said  court  within 
thirty  days  after  he  has  had  actual  notice  of  the  assessment,  which  complaint 
shall  be  determined  as  other  causes  by  the  court  without  a jury.  The  complaint 
shall  be  heard  at  the  first  sitting  of  said  court  for  trials  without  a jury  after 
its  entry ; but  the  court  may  allow  further  time,  or  may  advance  the  case  for 
speedy  trial,  or  may  appoint  an  auditor  as  in  other  cases.  The  court  may  revise  I i 
the  assessment,  may  allow  the  recovery  back  of  an  amount  wrongfully  as- 1 
sessed  which  has  been  paid,  may  set  aside,  in  a suit  begun  within  three  years); 
from  the  date  thereof,  a collector’s  sale  made  under  an  erroneous  assessment,  i 
may  award  costs  to  either  party  and  may  render  such  judgment  as  justice  and! 
equity  require. 

If,  in  the  opinion  of  the  assessors,  the  owner  of  an  estate  upon  which  an  1 
assessment  as  aforesaid  has  been  made  is,  by  reason  of  age,  infirmity,  or  poverty,! 
unable  to  pay  the  assessment,  they  may  upon  application  abate  the  same.  Every 
city  or  town  in  rendering  an  account  to  the  State  auditor  as  provided  for  in 
section  four  of  this  act  shall  deduct  from  such  amount  as  it  has  expended  in 
excess  of  one  twenty-fifth  of  one  per  cent  or  of  five  thousand  dollars  as  provided 
in  said  section,  the  total  amount  it  has  received  for  work  performed  under  sec- 1 
tion  six  of  this  act  during  the  term  covered  by  the  account : Provided,  Such  work 
was  performed  under  such  conditions  as  require  reimbursement  in  whole  or  in 
part  by  the  State. 

Sec.  8.  To  meet  the  expenses  incurred  under  authority  of  this  act  there  shall 
be  allowed  and  paid  out  of  the  treasury  of  the  Commonwealth,  during  the  period  I 
up  to  and  including  May  first,  nineteen  hundred  and  seven,  the  sum  of  three « 
hundred  thousand  dollars.  Of  this  amount  seventy-five  thousand  dollars  may  be  v| 
expended  during  the  calendar  year  nineteen  hundred  and  five ; one  hundred  and  j 
fifty  thousand  dollars,  and  any  unexpended  balance  of  the  previous  year,  may  fl 
be  expended  during  the  calendar  year  nineteen  hundred  and  six  ; and  seventy-five  i 
thousand  dollars,  and  any  unexpended  balance  of  the  previous  years,  may  be 
expended  during  the  calendar  year  nineteen  hundred  and  seven,  up  to  and  in- 1 
eluding  May  first. 

Sec.  9.  An  additional  sum  of  ten  thousand  dollars  in  each  of  the  years  nine-  a 
teen  hundred  and  five,  nineteen  hundred  and  six,  and  nineteen  hundred  and  j 
seven  may,  in  the  discretion  of  the  State  superintendent,  be  expended  by  him  for  | 
experimenting  with  parasites  or  natural  enemies  for  destroying  said  moths,  and 
any  unexpended  balance  of  any  year  may  be  expended  in  the  subsequent  years,  ] 

Sec.  10.  Chapter  two  hundred  and  ten  of  the  acts  of  the  year  eighteen  hun-  i 
dred  and  ninety-one  and  sections  one  and  two  of  chapter  five  hundred  and  forty- T 
four  of  the  acts  of  the  year  eighteen  hundred  and  ninety-eight  and  section  two  I 
of  chapter  fifty-seven  of  the  acts  of  the  year  nineteen  hundred  and  two  are  I 
hereby  repealed. 

Sec.  11.  A person  who  wilfully  resists  or  obstructs  the  superintendent  or  an  I 
official  of  a city  or  town,  or  a servant  or  agent  duly  employed,  while  lawfully  I 
engaged  in  the  execution  of  the  purposes  of  this  act,  shall  forfeit  a sum  not  ex-  1 
ceeding  twenty-five  dollars  for  each  offence. 

Sec.  12.  Valuations  of  real  and  personal  property  of  the  year  nineteen  hundred 
and  four  shall  govern  the  provisions  of  this  act. 

Sec.  13.  This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1905. 


MICHIGAN. 


71 


MICHIGAN. 

Act  91,  P.  A.  1905. 

An  Act  to  prevent  the  importation  from  other  States  and  the  spread  within  this  State 
of  dangerous  insects  and  dangerously  contagious  diseases  affecting  trees,  shrubs, 
vines,  plants,  and  fruits,  and  to  repeal  all  acts  or  part  [parts]  of  acts  that  contravene 
the  provisions  of  this  act. 

The  people  of  the  State  of  Michigan  enact: 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons,  firm  or  corpora- 
tion, knowingly,  to  keep  upon  their  premises,  or  upon  premises  under  their  con- 
trol or  charge,  any  trees  or  fruit  infected  with  the  diseases  known  as  peach  yel- 
lows, rosette,  or  little  peach,  or  any  part  of  a tree  infected  with  the  diseases 
known  as  black  knot  or  pear  blight,  or  any  tree,  shrub,  plant,  or  vine  infected 
with  any  other  dangerously  contagious  disease,  or  infested  with  the  San  Jose 
scale,  cankerworm,  or  any  other  dangerously  noxious  insect  pest.  It  shall  also 
be  unlawful  for  any  person  or  persons,  firm  or  corporation,  knowingly,  to  sell 
or  offer  for  sale,  or  to  give  away,  any  tree,  shrub,  plant,  or  vine  infected  or 
infested  with  any  dangerously  infectious  disease  or  noxious  insect,  or  any  fruit 
infected  with  peach  yellows. 

Sec.  2.  The  State  board  of  agriculture  shall,  upon  the  passage  of  this  act, 
appoint  some  competent  person  to  be  known  as  State  inspector  of  orchards  and 
nurseries,  who  shall  hold  office  for  two  years,  and  whose  duties  shall  be  as  here- 
inafter prescribed.  He  shall  have  power  to  appoint  such  number  of  deputy 
inspectors  as  may  be  necessary,  subject  to  tbe  approval  of  the  State  board  of 
agriculture.  Said  deputy  inspectors  shall  act  under  the  orders  of,  and  shall  per- 
form such  duties  as  may  be  directed  by  the  State  inspector  of  orchards  and 
nurseries.  The  salary,  or  per  diem,  of  the  State  and  deputy  inspectors  shall  be 
fixed  by  the  State  board  of  agriculture. 

Sec.  3.  Any  person  or  persons,  firm  or  corporation,  growing  or  offering  for 
sale,  in  this  State,  any  trees,  shrubs,  vines,  or  plants,  commonly  known  as 
nursery  stock,  shall,  on  or  before  the  first  day  of  August  in  each  year,  apply  to 
the  Michigan  State  board  of  agriculture  for  the  inspection  of  said  stock  under 
the  provisions  of  this  act  and  for  a license  for  its  sale.  A license  fee  of  five 
dollars  shall  be  paid,  and  a bond  for  one  thousand  dollars,  with  sureties  satis- 
factory to  said  board,  and  conditioned  upon  the  compliance  with  the  require- 
ments of  this  act,  shall  be  filed.  No  nursery  stock  shall  be  shipped  or  delivered 
until  it  has  been  examined  by  the  State  inspector  of  orchards  and  nurseries,  or 
a deputy  inspector  and  has  received  a certificate  as  hereinafter  provided.  All 
growers  or  dealers  in  nursery  stock  shall,  upon  demand,  file  with  the  State  board 
of  agriculture  a list  of  the  persons  to  whom  they  have  sold  or  delivered  any 
nursery  stock,  giving  the  species,  which  list  shall  be  for  the  sole  use  of  the  State 
inspector  of  orchards  and  nurseries  and  his  deputies : Provided , That  the  pro- 
visions of  this  section  shall  not  apply  to  persons  engaged  in  fruit  growing,  who 
are  not  nurserymen,  but  desire  to  sell  or  exchange  surplus  fruit  plants  of  their 
own  growing : Provided  further,  That  the  provisions  of  this  section  shall  not 
apply  to  farmers  or  other  persons  who  may  sell  shade  trees  from  their  own  wood 
lots. 

Sec.  4.  No  person  or  persons,  firm,  or  corporation,  residents  of  another  State, 
Territory,  province,  or  country,  shall  engage  or  continue  in  the  business  of  selling 
or  taking  orders  within  this  State  for  the  sale  of  any  trees,  plants,  shrubs,  or 
vines,  commonly  known  as  nursery  stock,  without  first  obtaining  from  the  State 
board  of  agriculture  a license,  as  provided  for  in  section  three  of  this  act,  and 


72 


LAWS  AGAINST  INJURIOUS  INSECTS. 


filing  a certificate  of  inspection  from  a State  or  Government  officer,  or  some  per- 
son designated  by  the  Michigan  State  board  of  agriculture. 

Sec.  5.  The  State  board  x>f  agriculture  shall,  upon  the  receipt  of  the  required 
fee  and  a satisfactory  bond  and  certificate  of  inspection,  issue  a license  to  each 
applicant,  whether  a resident  of  this  State  or  of  another  State,  province,  or 
country,  permitting  the  sale  of  nursery  stock  by  the  holder,  or  by  his  accredited 
agents,  for  the  period  ending  the  thirty-first  of  July  following  the  date  upon 
which  said  license  goes  into  effect. 

Sec.  6.  It  shall  be  the  duty  of  the  State  inspector  of  orchards  and  nurseries 
to  examine  all  nurseries  in  the  State,  at  least  once  each  year,  for  the  presence 
of  San  Jose  scale  and  other  dangerously  injurious  insects  and  diseases.  If 
found  to  be  apparently  free  from  such  dangerous  insects  and  diseases,  a certi- 
ficate to  that  effect  shall  be  given  the  owner,  upon  the  payment  of  an  inspection 
fee  sufficient  to  defray  the  per  diem  of  the  inspector.  Said  certificate  shall  be 
void  on  the  thirty-first  day  of  July  following.  In  case  any  dangerous  insect  or 
infectious  disease  is  found  upon  any  nursery  stock  the  inspector  shall  order 
and  enforce  such  treatment  as  may  be  deemed  sufficient  to  exterminate  such 
insects  or  diseases  before  granting  a certificate.  If  a subsequent  examination 
shall  show  the  stock  to  be  infected,  or  infested,  the  certificate  may  be  revoked. 

Sec.  7.  Whenever  a nurseryman  or  other  person  shall  ship  or  deliver  within 
this  State,  except  for  scientific  purposes,  any  trees,  shrubs,  plants,  or  vines,  com- 
monly known  as  nursery  stock,  he  shall  place  upon  each  car,  box,  bale,  or  other 
package  a copy  of  a certificate  of  inspection,  the  original  of  which  is  signed  by 
said  inspector.  Failure  to  do  this,  or  the  illegal  use  of  said  certificate  by  chang- 
ing, defacing,  or  placing  it  upon  uninspected  stock,  or  using  the  same  after  it 
has  expired  or  been  revoked,  shall  render  the  shipper  or  owner  liable  to  the  pen- 
alties prescribed  for  a violation  of  this  act.  Dealers  in  nursery  stock  purchased 
from  other  firms  may,  upon  filing  with  the  State  inspector  of  orchards  and 
nurseries  duplicate  copies  of  the  certificates  of  inspection  issued  upon  the  stock 
grown  by  said  firms,  and  on  the  payment  of  a fee  of  one  dollar,  receive  a certifi- 
cate showing  that  the  stock  has  been  inspected.  Said  certificate  may  be  used 
for  the  shipment  of  nursery  stock  that  has  come  to  them  accompanied  by  a 
certificate  of  inspection,  but  for  no  other.  Nurserymen  may  ship  under  their 
own  certificate  of  inspection  any  stock  that  has  come  to  them  later  than  the  first 
day  of  the  previous  August  accompanied  by  a certificate  of  inspection,  and,  if 
from  another  State,  Territory,  province,  or  county,  by  a certificate  of  fumiga- 
tion as  required  by  this  act. 

Sec.  8.  If  any  nursery  stock  of  species  subject  to  the  attack  of  the  San  Jose 
scale  has  been  grown  within  one-half  mile  of  where  the  San  Jose  scale  exists, 
or  has  been  known  to  exist  within  two  years,  it  shall,  before  it  is  shipped  or 
delivered,  be  fumigated  with  hydrocyanic-acid  gas  of  the  strength  commonly 
used  for  such  purpose  for  not  less  than  thirty  minutes.  All  trees,  plants, 
shrubs,  and  vines  of  species  subject  to  the  attack  of  the  San  Jose  scale  shipped 
into  this  State  from  another  State,  Territory,  province,  or  country,  must  be 
fumigated  with  hydrocyanic-acid  gas  in  the  usual  manner,  and  each  car,  box,  or 
bale  in  which  said  nursery  stock  is  shipped  shall  have  upon  it  a certificate 
signed  by  the  shipper  stating  that  such  fumigation  has  been  given  in  addition 
to  the  usual  certificate  of  inspection. 

Sec.  9.  The  owner  of  any  nursery  trees,  vines,  shrubs,  or  plants,  upon  receiv- 
ing notice  from  the  State  inspector  of  orchards  and  nurseries  that  any  or  all  of 
them  are  infected  or  infested  with  dangerous  insects  or  diseases,  shall,  within 
the  time  specified  in  such  notice,  take  such  steps  as  will  fully  comply  with  the 
orders  of  the  State  inspector  of  orchards  and  nurseries,  and  he  shall  not  ship  or 


MICHIGAN. 


73 


deliver  any  such  trees,  vines,  shrubs,  or  plants  until  after  they  have  received 
such  treatment  and  until  they  have  been  reexamined  and  a certificate  of  inspec- 
tion has  been  granted. 

Sec.  10.  Whenever  it  shall  happen  that  the  State  inspector  of  orchards  and 
nurseries  shall  give  the  notice  heretofore  required  to  the  owner  of  nursery  stock 
for  the  destruction  of  the  insects  or  diseases  mentioned,  and  said  owner  shall  fail 
jor  neglect  to  take  the  measures  necessary  for  the  destruction  thereof  within 
the  time  mentioned  in  the  notice  given  him,  the  State  inspector  of  orchards  and 
nurseries  shall  enter  complaint  against  said  owner  and  may  seize  and  take  pos- 
session of  said  infected  or  infested  nursery  stock.  Such  seizure  may  be  made 
without  a warrant.  Said  infected  or  infested  nursery  stock  shall  be  disposed  of 
in  such  manner  as  may  be  directed  by  the  court  before  whom  the  offense  i 
tried,  or  by  any  court  of  competent  jurisdiction. 

Sec.  11.  Whenever  any  trees,  shrubs,  plants,  or  vines,  commonly  known  .as 
nursery  stock,  are  shipped  into  this  State  from  another  State,  Territory, 
province,  or  country,  every  package  thereof  shall  be  plainly  labeled  on  the  out- 
side with  the  names  of  the  consignor  and  consignee,  and  the  character  of  the 
contents,  and  certificates  shall  be  attached  to  each  package  showing  that  the 
contents  have  been  inspected  by  a State  and  Government  officer  and  that  they 
have  been  fumigated  in  the  usual  manner  with  hydrocyanic-acid  gas.  If  any 
trees,  shrubs,  vines,  or  plants,  commonly  known  as  nursery  stock,  are  shipped 
into  this  State  without  such  certificates  being  plainly  fixed  on  the  outside  of 
the  package,  box,  or  car  containing  the  same,  the  fact  must  be  reported  within 
twenty-four  hours  to  the  Michigan  State  hoard  of  agriculture,  or  its  regularly 
appointed  inspector,  by  the  railway,  express,  or  steamboat  company  or  the 
person  or  persons  carrying  the  same ; and  any  agent  of  a railway,  express,  or 
steamboat  company  or  any  other  person  or  persons  who  shall  fail  to  comply 
with  the  provisions  of  this  section  shall  be  deemed  guilty  of  a misdemeanor. 
The  State  inspector  of  orchards  and  nurseries  shall  have  authority,  when  he  has 
reason  to  believe  that  nursery  stock  that  has  been  shipped  into  the  State,  or 
shipped  by  some  nursery  in  the  State,  is  infested  or  infected  with  dangerous 
insects  and  diseases,  to  examine  the  same,  and,  if  found  to  be  infected  by  any 
dangerously  contagious  disease  or  infested  with  dangerous  insects,  such  stock 
may  be  seized  without  a warrant  as  a public  nuisance.  The  shipper  shall  be 
notified  of  the  seizure,  and  orders  shall  be  given  him  to  either  destroy  the  stock 
or  to  give  it  effectual  treatment.  If  this  is  not  done  within  five  days,  complaint 
shall  be  made  to  some  court  having  competent  jurisdiction,  and  said  infected 
.or  infested  stock  shall  be  disposed  of  in  such  manner  as  may  be  directed  by 
said  court. 

Sec.  12.  It  shall  be  the  duty  of  the  State  inspector  of  orchards  and  nurseries, 
whenever  it  shall  come  to  his  knowledge  that  San  Jose  scale,  cankerworm, 
peach  yellows,  rosette,  little  peach,  black  knot,  or  pear  blight,  or  any  other 
noxious  insects  or  dangerously  infectious  diseases  exist,  or  are  supposed  to 
exist,  in  any  orchard,  or  upon  any  trees,  shrubs,  vines,  plants,  or  fruits  In  this 
State,  to  investigate  the  case  and  if  such  dangerous  insects  or  diseases  are 
found  he  shall  notify  the  owner,  or  his  agent,  in  writing.  The  notice  shall 
consist  of  a simple  statement  of  the  facts  as  found  to  exist,  with  an  order  to 
uproot  and  destroy  in  such  manner  as  may  be  indicated  all  trees  infected  with 
yellows,  little  peach,  or  rosette,  or  to  cut  off  and  burn  the  portions  infected  with 
black  knot  and  pear  blight,  or  if  attacked  by  San  Jose  scale  or  cankerworm, 
to  effectually  spray  the  trees,  or  to  use  such  remedies  as  may  be  prescribed  for 
other  dangerous  insects  and  diseases  within  five  days,  or  such  time  from  the 
date  of  the  service  of  the  notice  as  may  be  designated : Provided  also,  That  no 


74 


LAWS  AGAINST  INJURIOUS  INSECTS. 


such  spraying  shall  be  (lone  while  said  fruit  trees  or  vines  are  in  blossom,  excep 
in  case  of  cankerworm.  In  the  case  of  fruit  infected  with  yellows  the  notice 
shall  require  its  immediate  destruction.  Failure  to  comply  with  the  require 
ments  of  said  notice  shall  render  the  owner  or  agent  liable  to  the  penaltie 
prescribed  for  the  violation  of  this  act. 

Sec.  13.  In  any  township,  village,  or  city  in  this  State  in  which  the  insect 
known  as  the  San  Jose  scale,  and  cankerworm,  or  the  diseases  known  as  peacl 
yellows,  rosette,  little  peach,  black  knot,  and  pear  blight,  or  any  other  destruq 
tive  insects  or  dangerously  infectious  diseases  exist,  or  in  which  there  is  goo! 
reason  to  believe  they  exist,  or  danger  may  be  apprehended  of  their  introduc 
tion,  it  shall  be  the  duty  of  the  township  board,  or  the  village  or  city  council,  a 
soon  as  such  information  becomes  known  to  such  board  or  council,  or  any  mem 
her  thereof  to  appoint  three  competent  freeholders  of  said  township,  village,  oj 
city,  to  be  known  as  fruit  and  orchard  inspectors,  who  shall  hold  office  durin| 
the  pleasure  of  said  board  or  council:  Provided,  That  inspectors  already  ad 
pointed,  and  in  office  under  similar  and  previous  acts,  shall  continue  in  sad 
office  under  this  act  until  the  expiration  of  the  term  for  which  they  werl 
appointed. 

Sec.  14.  It  shall  be  the  duty  of  said  inspectors,  within  ten  days  after  appoint! 
ment,  as  aforesaid,  to  file  their  acceptance  of  the  same  with  the  clerk  of  sail 
township,  village,  or  city,  and  said  clerk  shall  be  ex  officio  clerk  of  said  board  oa 
fruit  and  orchard  inspectors,  and  he  shall  keep  a record  of  the  proceedings  ol 
said  board  in  a book  to  be  provided  for  the  purpose,  and  shall  file  and  preservl 
all  papers  pertaining  to  the  duties  and  actions  of  said  inspectors,  or  either  ol 
them,  which  shall  be  a part  of  the  records  of  said  township,  village,  or  city. 

Sec.  15.  It  shall  be  the  duty  of  the  township,  village,  or  city  inspectors,  or  any  on|| 
of  them,  whenever  it  comes  to  their  notice  that  any  of  the  dangerously  injurious 
insects  or  diseases  mentioned  in  section  thirteen  of  this  act  exist,  or  are  suppose! 
to  exist,  within  the  limits  of  their  township,  village,  or  city,  to  proceed  withoui 
delay  to  examine  the  trees,  shrubs,  vines,  plants,  or  fruits  supposed  to  be  in  I 
tested  or  infected,  and  if  destructive  insects  or  a dangerously  infectious  diseasi 
is  found  to  exist,  a distinguishing  mark  shall  be  placed  upon  the  trees,  shrubql 
vines,  or  plants,  and  a written  notice  shall  be  served  upon  the  owner  or  hi* 
agent.  This  notice  shall  be  as  provided  for  in  section  twelve  of  this  act.  I 
case  the  owner  refuses  to  accept  the  opinion  of  a single  inspector  regarding  th 
nature  of  an  insect  or  disease,  or  the  remedy  that  shall  be  employed,  he  ma;;l 
within  two  days  appeal  to  the  other  inspectors  in  the  township,  village,  or  citi 
by  serving  a written  notice  of  such  appeal  upon  each  of  them.  Upon  receipt  on 
such  notice  of  appeal,  it  shall  be  the  duty  of  each  and  every  inspector,  if  he  hajj 
not  already  done  so,  to  examine  the  trees,  shrubs,  plants,  or  vines  supposed  t 
be  infested  or  infected,  and  if  all  or  a majority  of  said  inspectors  agree  that  . i 
dangerous  insect  or  disease  is  present,  they  shall  serve  notice  upon  the  owner  o 
his  agent  as  above.  If  the  decision  of  the  full  board  of  inspectors  is  still  unsatisl 
factory  to  the  person  in  charge,  he  may,  within  twenty-four  hours,  make  an  abl 
peal  to  the  State  inspector  of  orchards  and  nurseries,  who  shall  at  once  invest™ 
gate  the  matter  and  order  the  proper  treatment,  and  his  opinion  and  orders  shall 
be  final.  If  the  members  of  a township,  village,  or  city  board  of  fruit  and  tre  J 
inspectors  are  unable  to  agree,  or  are  in  doubt,  regarding  the  nature  of  an  insecjJ 
or  disease,  or  the  treatment  that  should  be  given,  they  may  call  upon  the  Stat  * 
inspector  of  orchards  and  nurseries  for  information  and  advice.  In  cases  wher 
an  owner  appeals  to  the  full  board  of  township,  village,  or  city  inspectors,  or  t 
the  State  inspector,  and  the  findings  of  the  original  inspector  are  approved,  th 
expense  incurred  as  the  result  of  the  appeal  shall  be  paid  by  the  owner,  and,  i: 


MICHIGAN. 


75 


base  of  his  refusal  to  do  so,  the  amount  shall  be  certified  to  the  township  board, 
hr  village  or  city  council,  which  shall  allow  the  same  and  assess  it  as  a special 
Lax  upon  the  property. 

| Sec.  16.  In  case  the  owner,  or  the  person  in  charge  of  trees,  shrubs,  vines,  or 
Slants  infested  with  a destructive  insect  or  a dangerously  contagious  disease 
refuses  or  neglects  to  carry  out  the  orders  of  the  State  inspector  or  of  the  town- 
ship, village,  and  city  inspectors,  within  the  period  stated  in  the  notice  served 
jpon  him,  the  State,  township,  village,  or  city  inspectors,  respectively,  shall 
employ  such  aid  as  may  be  necessary  to  carry  out  their  orders  and  recommenda- 
tions. In  case  the  owner  refuses  to  reimburse  them  for  the  expense  incurred, 
lit  shall  be  certified  to  the  township  board,  or  village  or  city  council,  who  shall 
allow  it  and  spread  it  as  a special  tax  upon  the  property  concerned, 
j Sec.  17.  The  State  inspector  of  orchards  and  nurseries  and  his  deputies,  assist- 
ants, and  employes  shall  have  authority  to  enter  upon  any  premises  in  the  State 
for  the  purpose  of  examining  the  trees,  shrubs,  plants,  and  vines-  for  the  pres- 
ence of  destructive  insects  and  diseases,  and,  if  any  such  insects  or  diseases  are 
found,  may,  under  the  provisions  of  this  act,  take  such  steps  as  may  be  neces- 
sary to  exterminate  them.  Township,  village,  and  city  inspectors  shall  have  the 
same  authority  within  the  limits  of  their  respective  jurisdiction.  No  damage 
shall  be  awarded  for  the  destruction  of  any  tree,  shrub,  plant,  or  fruit,  or  for 
injury  to  the  same,  if  done  by  the  inspectors  and  their  assistants  in  accordance 
with  the  provisions  of  this  act : Provided,  It  is  deemed  necessary  in  order  to 
suppress  dangerous  insects  and  diseases. 

Sec.  18.  The  township,  village,  and  city  fruit  and  tree  inspectors  shall  be 
allowed  for  services  under  this  act  two  dollars  for  each  full  day  and  one  dollar 
for  each  half  day,  and  their  per  diem  and  other  charges  and  disbursements  here- 
under shall  be  audited  by  the  township  board,  or  village  or  city  council. 

Sec.  19.  Persons,  firms,  or  corporations  engaged  in  growing  or  selling  plants 
commonly  grown  in  greenhouses  shall  not  be  required  to  take  out  a license : 
Provided,  They  do  not  grow  or  handle  nursery  stock,  and  certificates  of  inspec- 
tion are  not  required  under  this  act  for  the  shipment  of  greenhouse  plants. 

Sec.  20.  Any  person  or  persons,  firm,  or  corporation  who  may  fail  to  comply 
with  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a misdemeanor 
and  shall  be  punished  by  a fine  of  not  less  than  ten  dollars  and  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten 
nor  more  than  ninety  days,  or  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court,  and  jurisdiction  is  hereby  conferred  in  these  cases  upon  any  justice 
of  the  peace,  or  other  competent  court,  of  the  township,  village,  or  city  where 
such  trees,  shrubs,  or  plants  may  be,  or  where  such  nursery  stock  or  fruit  is 
grown,  sold,  shipped,  disposed  of,  or  delivered,  contrary  to  the  provisions  of  this 
act.  In  all  cases  where  a complaint  is  made  under  the  provisions  of  any  section 
of  this  act  by  any  State,  township,  village,  or  city  inspector  said  complainant 
shall  not  be  required  to  furnish  security  for  costs. 

i Sec.  21.  The  State  inspector  of  orchards  and  nurseries  shall  have  authority  to 
employ  such  aid  and  obtain  such  apparatus  and  supplies  as  may  be  needed  for 
the  proper  performance  of  his  duties,  and  the  bills  for  the  same  and  for  the  per 
diem  and  traveling  and  other  necessary  expenses  of  the  State  inspector,  his 
deputies  and  assistants,  shall  be  audited  by  the  State  board  of  agriculture,  and 
the  auditor-general  shall  draw  his  warrant  for  the  payment  of  the  same  from 
the  general  fund  of  the  State : Provided,  That  all  moneys  collected  by  the  State 
board  of  agriculture  under  this  act  shall  be  paid  into  the  State  treasury. 

[Sec.  22  repeals  acts  108  and  109,  of  1895;  act  137,  of  1897,] 


76 


LAWS  AGAINST  INJURIOUS  INSECTS. 


MINNESOTA. 

An  Act  to  prevent  the  introduction  and  spread  of  injurious  insects  and  dangerous  plant! 
diseases  in  the  State  of  Minnesota. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 

Section  1.  The  entomologist  of  the  State  experiment  station  is  hereby  con-1 
stituted  the  State  entomologist  and  charged  with  the  execution  of  this  act.  Hel 
may  appoint  such  qualified  assistants  as  may  be  necessary,  fix  a reasonable  com-l 
pensation  for  their  labor,  and  pay  the  same,  and  their  acts  shall  have  the  samel 
validity  as  his  own.  He  shall,  by  himself  or  his  assistants,  between  the  first! 
day  of  May  and  the  fifteenth  day  of  September  in  each  year,  when  requested  byj 
the  owner  or  agent,  or  when  he  has  reasonable  ground  to  believe  that  any  inju-l 
rious  insect  pests  or  dangerous  and  contagious  plant  disease  exist,  carefully! 
examine  any  nursery,  fruit  farm,  or  other  place  where  trees  or  plants  are  grown! 
for  sale,  and  if  found  apparently  free  from  any  injurious  insect  pests  or  danger-1 
ous  or  contagious  plant  diseases,  he  shall  issue  his  certificate  stating  the  facts! 
(good  for  one  year  unless  revoked),  and  shall  collect  therefor  a fee  of  five  dol-| 
lars  ($5.00)  per  day  and  expenses. 

Sec.  2.  The  State  entomologist  shall  have  authority,  when  requested  by  thel 
owner  or  agent  or  when  he  has  reasonable  grounds  to  believe  any  injurious! 
insect  pests  or  dangerous  and  contagious  plant  diseases  exist,  to  enter  upon  any! 
of  the  grounds  mentioned  in  section  1 hereof,  public  or  private,  for  the  purpose! 
of  inspection,  and,  if  he  finds  any  nursery,  orchard,  garden,  or  other  place  in-! 
fested  by  any  injurious  insect  pests  or  dangerous  and  contagious  plant  diseases,! 
he  may,  by  himself  or  his  assistants,  enter  upon  such  premises  and  establish! 
quarantine  regulations. 

If,  in  his  judgment,  any  insect  pests  or  dangerous  and  contagious  plant  dis-l 
eases  may  be  eradicated  by  treatment,  he  may,  in  writing,  order  such  treatment 
and  prescribe  its  kind  and  character.  In  case  any  trees,  shrubs,  or  plants  are ! 
found  so  infested  that  it  would  be  impracticable  to  treat  them  he  may  order! 
them  burned.  A failure  for  10  days  after  the  delivery  of  such  order  to  the! 
owner  or  persons  in  charge  to  treat  or  destroy  such  infected  trees  or  plants  as! 
ordered,  shall  authorize  the  entomologist  to  perform  this  work  by  himself  or  his  I 
assistants  and  to  ascertain  the  cost  thereof.  He  shall  certify  the  amount  of  such 
cost  to  the  owner  or  person  in  charge  of  the  premises,  and  if  the  same  is  not! 
paid  to  him  within  60  days  thereafter  he  shall  certify  the  amount  thereof  to  j 
the  county  attorney,  whose  duty  it  shall  be  to  proceed  forthwith  to  collect  the  j 
same  of  him  in  a civil  suit  and  return  the  amount  so  recovered  over  to  the  State! 
auditor  to  reimburse  the  State  for  the  money  expended. 

Sec.  3.  When  nursery  stock  is  shipped  into  the  State  accompanied  by  a certi-| 
ficate  of  inspection  by  a State  entomologist  from  the  State  from  which  the  ship- 1 
ment  has  been  made,  stating  that  the  stock  has  been  inspected  and  found  to  be! 
free  from  any  injurious  insect  pests  or  dangerous  and  contagious  plant  diseases,! 
it  shall  be  held  prirna  facie  evidence  of  the-  facts  therein  stated,  but  the  State ! 
entomologist,  by  himself  or  his  assistants,  when  he  or  they  have  reason  to  be- 1 
lieve  that  any  such  stock  is  nevertheless  infested  by  any  injurious  insect  pests* 
or  dangerous  or  contagious  plant  diseases  shall  be  authorized  to  inspect  thel 
same  and  submit  it  to  like  treatment  as  that  provided  for  in  section  2 hereof,! 
and  if,  by  reason  of  the  failure  for  48  hours  of  the  owners  of  such  stock  to  com-l 
ply  with  the  treatment  prescribed  or  to  destroy  the  stock,  if  so  ordered,  the 
State  entomologist  or  his  assistants  are  required  to  perform  the  work  them-f) 
selves,  and  it  shall  be  the  duty  of  the  entomologist  to  certify  the  amount  of  the 
cost  thereof  to  the  owner  or  the  person  in  charge  of  such  stock  so  treated  or 


MINNESOTA. 


77 


;|lestroyed,  and  if  the  same  is  not  paid  to  him  within  10  days  thereafter  he  shall 
Certify  the  amount  thereof  to  the  county  attorney  of  the  county  in  which  the 
itock  may  be  found  in  an  affidavit  and  it  shall  be  the  duty  of  the  county  attor- 
ley  to  file  said  affidavit  with  the  village,  city,  or  town  clerk  of  the  village, 
•ity,  or  town  in  which  such  stock  may  be,  and  the  same  shall  thereupon  const! - 
ute  a lien  thereon,  which  it  shall  be  the  duty  of  the  county  attorney  to  proceed 
;o  collect  forthwith  in  a civil  suit  and  to  turn  over  the  amount  recovered  by  him 
n such  suit  to  the  State  auditor  to  reimburse  the  State  for  the  money  expended. 
B Sec.  4.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation  to  bring  into 
he  State  any  trees,  plants,  vines,  cuttings,  and  buds,  commonly  known  as 
mrsery  stock,  unless  accompanied  by  a certificate  of  inspection  by  a State 
mtomologist  of  the  State  from  which  the  shipment  is  made,  showing  that  the 
stock  has  been  inspected  and  found  apparently  free  from  any  injurious  insect 
jests,  or  dangerous  and  contagious  plant  diseases. 

Sec.  5.  Any  person  violating  or  neglecting  to  carry  out  the  provisions  of  this 
ict,  or  offering  any  hindrance  to  the  carrying  out  of  this  act,  shall  be  adjudged 
?uilty  of  a misdemeanor ; and,  upon  conviction  before  a justice  of  the  peace, 
shall  be  fined  not  less  than  $10  nor  more  than  $100  for  each  and  every  offense, 
;ogether  with  all  the  costs  of  the  prosecution,  and  shall  stand  committed  until 
:he  same  are  paid. 

Sec.  6.  All  fees  or  other  amounts  collected  or  received  by  any  person  under 
fie  provisions  hereof  shall  be  by  him  forthwith  turned  into  the  State  treasury 
:o  be  paid  over  to  the  State  auditor  to  be  added  to  the  fund  provided  for  com- 
jating  injurious  insects  in  Minnesota,  and  all  expenses  incurred  in  enforcing 
fie  provisions  hereof  shall  be  paid  out  of  said  fund. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  June  1,  1903. 


iN  Act  to  prevent  the  destruction  of  grasses,  grains,  and  other  crops  by  grasshoppers. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota : 

Section  1.  Every  tract  or  parcel  of  land  in  this  State  so  infested  in  any  year 
ivjth  the  eggs  of  grasshoppers  as  to  be  so  eminently  dangerous  to  grasses,  grains, 
>r  other  crops  growing,  or  to  grow,  in  or  upon  lands  situate  in  the  vicinity  of 
the  tract  or  parcel  so  infested  as  to  threaten  the  destruction  of  a great  part  of 
I my  of  such  grasses,  grains,  or  other  crops,  shall  from  and  after  the  date  when 
it  becomes  the  duty  of  the  owner  or  lessee  thereof  to  plow  the  same  as  provided 
in  this  act,  and  so  long  as  the  same  remains  unplowed  and  so  infested,  be 
; teemed  a public  nuisance. 

I Sec.  2.  The  board  of  county  commissioners  in  any  county  in  this  State  is 
I hereby  authorized  at  any  regular  or  special  session  thereof  to  hear  and  consider 
complaints  relative  to  any  tract  or  parcel  of  land  claimed  to  be  infested  with 
the  eggs  of  grasshoppers  and  to  fully  investigate  the  facts  in  any  such  case. 
The  certificate  of  the  State  entomologist  to  the  effect  that  he  had  made  exam- 
ination of  any  such  infested  tract  or  parcel,  or  any  portion  thereof  described  by 
him,  and  that  in  his  opinion  such  tract  or  parcel,  or  any  portion  thereof  so 
I described,  is  or  is  not  so  infested  with  the  eggs  of  grasshoppers  as  to  be  greatly 
"dangerous  to  grasses,  grains,  or  other  crops  growing,  or  to  grow,  on  lands  situate 
in  the  vicinity  of  the  tract  or  parcel  so  infested  as  to  threaten  the  destruction 
of  a great  part  of  any  thereof,  shall  be  prima  facie  evidence  of  the  facts  therein 
stated  at  any  such  hearing  of  said  board,  or  in  any  civil  action  authorized  by, 
or  arising  from  anything  done  pursuant  to,  this  act.  The  person  complaining 
shall  cause  notice  to  be  served  upon  the  owner  of  such  tract,  or  his  lessee,  at 


78 


LAWS  AGAINST  INJURIOUS  INSECTS. 


least  10  days  prior  to  the  day  of  such  hearing,  describing  therein  the  tract  com 
plained  of,  the  nature  of  the  complaint,  and  the  session  of  the  board  when 
application  will  be  made  for  such  hearing,  naming  the  first  day  of  such  session; 
whereupon  the  hearing  may  be  had  on  said  day,  or  upon  such  future  day  as  thd 
board  shall  then  appoint  therefor.  Such  notice  may  be  served  in  the  manner.- 
as  provided  in  section  3 of  this  act  for  the  service  of  a copy  of  the  order  thereiil 
authorized. 

Sec.  3.  If  the  board  of  county  commissioners  shall,  after  the  hearing  ana 
investigation  authorized  by  the  preceding  section,  he  of  the  opinion  that  any  trac! 
or  parcel  of  land,  or  any  portion  thereof,  is  so  infested  with  the  eggs  of  grass! 
v hoppers  to  the  extent  contemplated  by  section  one  ( 1 ) of  this  act,  it  shall  make! 
and  file  its  order  to  that  effect,  directing  therein  that  the  owner  or  lessee  of  sucll 
tract  or  parcel  plow  the  same  within  the  time  therein  stated,  and  cause  a copy  of*1 
such  order  to  be  served  upon  such  owner,  or  his  agent  or  lessee,  within  sucll 
time  as  the  board  shall  direct,  not  less  than  20  days  from  the  date  of  said  order. 
Such  copy  shall  he  served  upon  such  owner  or  lessee,  if  he  be  a resident  of  the 
county,  in  the  same  manner  that  a summons  is  served  in  a civil  action ; and,  ii 
such  owner  or  lessee  resides  in  another  county,  service  thereof  may  be  made 
upon  the  agent  of  such  owner  or  lessee,  if  any,  residing  in  the  county;  and  ifi 
the  owner  is  not  a resident  of  this  State,  or  his  residence  is  unknown,  and  he? 
has  no  known  agent  or  lessee  in  the  county,  then  service  may  he  made  by  publi-ji 
cation  for  two  consecutive  weeks  in  a legal  newspaper  printed  at  the  countjl 
seat  of  such  county,  the  last  of  which  publications  shall  he  made  not  less  thaJ 
10  days  prior  to  the  date  when  the  plowing  of  any  such  tract  or  parcel  istl 
required  to  be  commenced. 

The  order  of  the  said  board  authorized  by  this  section  may  be  in  substantially 
the  following  form : 

Whereas,  At  a meeting  of  the  board  of  county  commissioners  of  

county,  held  on  the  r day  of  , 19  — , the  said  board  did  duly  heaii> 

and  investigate  relative  to  a complaint  that  the  tracts  or  parcels  of  land  herein- 
after described  are  so  infested  with  the  eggs  of  grasshoppers  as  to  be  greatly: 
dangerous  to  grasses,  grains,  or  other  crops  growing,  or  to  grow,  on  the  lands: 
situate  in  the  vicinity  of  such  tracts,  as  to  threaten  the  destruction  of  a great! 
part  of  such  grasses,  grains,  or  other  crops  ; and 

Whereas,  The  said  board  is  of  the  opinion  that  such  danger  exists,  .the  saieft 
tracts  being  described  as  follows : 

(Here  insert  description.) 

It  is  hereby  ordered  and  described  that  the  owner  (or  his  lessee)  of  said  tract/: 

or  parcel  of  land  shall,  not  later  than  the day  of  , 190 — , begin,  and 

with  reasonable  dispatch  continue,  the  plowing  of  said  tract  or  parcel,  and  all 
thereof,  and  complete  such  plowing  prior  to  the  day  of  — , 190 — . 

(Or,  if  all  the  lands  complained  of  are  not  so  infested,  then  describe  the 
portions  thereof  found  to  be  so  infested  and  required  to  be  plowed.) 

The  county  auditor  is  hereby  required  to  cause  a copy  of  this  order  to  ba 
served  upon  the  owner  of  the  lands  hereby  required  to  be  plowed,  or  his  agent 
(or  lessee),  in  the  manner  required  by  law  for  the  service  thereof. 


Chairman  Board  of  County  Commissioners, 

County. 

Attest : 


Dated 


, County  Auditor. 


MISSISSIPPI. 


79 


Sec.  4.  If  the  owner,  or  his  lessee,  of  any  tract  or  parcel  of  land  described  in 
ny  order  made  pursuant  to  section  3 of  this  act,  upon  whom  service  of  a copy 
f such  order  has  been  duly  made,  shall  fail  or  neglect  to  substantially  comply 
herewith,  he  shall  be  deemed  to  maintain  a public  nuisance  within  the  meaning 
f this  act,  and  to  consent  that  the  said  tract  or  parcel  of  land  may  be  plowed 
! y the  county,  and  the  board  of  county  commissioners,  when  informed  of  such 
ailure  or  neglect,  shall  cause  the  land  found  by  it  to  be  so  infected  to  be  plowed, 
nder  the  direction  of  the  chairman  of  said  board,  and  the  expenses  incurred  by 
t eason  of  such  plowing  shall  be  paid  out  of  the  county  treasury,  upon  the  war- 
ant  of  the  county  auditor,  in  favor  of  the  person  entitled  to  the  same. 

Sec.  5.  Whenever  any  tract  of  land  shall  have  been  plowed  by  the  county, 
ursuant  to  the  provisions  of  this  act,  and  the  plowing  thereof  shall  be  of  value 
f 3 the  owner,  or  his  lessee  thereof,  in  the  raising  of  any  crops  thereon  during  the 
i eason  immediately  following  such  plowing,  such  owner  or  lessee  shall  be  liable 

I)  the  county  to  the  value  of  such  plowing.  Whenever  the  board  of  county  com- 
lissioners  is  of  the  opinion  that  any  such  liability  has  arisen  by  reason  of  such 
f lowing,  it  shall  determine  the  sum  for  which  the  owner  or  lessee  is  so  liable, 
nd  direct  the  county  auditor  to  demand  the  immediate  payment  thereof  into 
f he  county  treasury;  and,  if  the  same  is  not  paid  upon  such  demand,  it  is 
ereby  made  the  duty  of  the  county  attorney  to  bring  a civil  action  in  the  name 
f such  board  against  the  party  so  in  default  for  the  recovery  of  the  same,  and 
iterest  thereon  from  the  date  of  such  demand,  provided  that  the  amount  so 
etermined  by  the  board  of  county  commissioners  shall  be  prima  facie  evidence 
f the  value  of  such  plowing. 

Sec.  6.  For  the  purposes  of  this  act,  the  entomologist  employed  by  the  regents 
f the  University  of  Minnesota,  at  the  State  experiment  station,  located  at  the 
apital  of  the  State,  shall  be  deemed  the  State  entomologist. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


MISSISSIPPI. 

n Act  to  make  an  appropriation  for  the  years  1904  and  1905,  for  the  purpose  of  pre- 
[ venting  the  introduction  into  the  State  of  Mississippi  of  the  Mexican  cotton  boll  weevil, 
and  to  provide  for  the  destruction  and  eradication  of  the  same,  whenever  and  wherever 
found  in  the  State ; establishing  rules  and  regulations  in  relation  thereto,  and  pro- 
viding for  the  enforcement  of  the  same. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi,  That 
lie  entomologist  of  the  Mississippi  agricultural  experiment  station  is  empow- 
red,  and  it  shall  be  his  duty  to  prevent  in  every  possible  and  practicable  way 
| lie  introduction  into  this  State  of  the  Mexican  boll  weevil,  its  eggs,  larvae,  or  any 
ther  form  of  life  through  which  it  passes  in  development,  should  it  make  its 
ppearance  in  this  State,  whenever  and  wherever  found  in  this  State. 

Sec.  2.  The  entomologist  of  the  Mississippi  agricultural  experiment  station 
hall  have  power  to  adopt  rules  and  regulations  governing  the  inspection,  sale, 
nd  transportation  of  trees,  plants,  hays,  cotton,  cotton  seed,  cotton-seed  hulls,  or 
1 ny  other  material  or  products  of  whatever  nature  or  kind  from  districts  or 
1 tates  known  or  suspected  to  be  infested  with  the  Mexican  cotton  boll  weevil, 
nd  may  require  such  articles  and  material  to  be  disinfected  or  fumigated,  ac- 
ording  to  his  directions,  or  destroyed  if  found  to  be  infected  and  their  destruc- 
ion  is  deemed  necessary,  and  it  shall  be  unlawful  for  any  person  or  persons,  or 
ny  transportation  company,  to  bring  or  cause  to  be  brought  into  this  State  any 
rticle  or  articles  that  may  serve  to  introduce  the  Mexican  cotton  boll  weevil, 
ontrary  to  the  rules  and  regulations  of  the  entomologist,  and  it  shall  also  be 
inlawful  for  any  person  or  persons  residing  without  the  State  to  send  into  the 


80 


LAWS  AGAINST  INJURIOUS  INSECTS. 


State  by  mail,  express,  or  otherwise,  any  living  specimens  of  the  Mexican  cotton 
boll  weevil,  in  any  of  its  forms  of  development  or  egg  state,  and  any  person  o; 
persons  violating  any  of  the  provisions  of  this  section  shall  be  guilty  of  a niisdel 
meanor,  and  upon  conviction  thereof  shall  be  fined  in  a sum  not  less  than  fifti 
dollars  nor  more  than  five  hundred  dollars. 

Sec.  3.  That  any  person  or  persons  coming  into  this  State  from  any  district  o I 
State  known  to  be  infected  by  the  Mexican  cotton  boll  weevil,  who  shall  be  susl 
pected  of  having  on  or  about  his  person,  clothes,  household  effects,  or  othe 
property  in  his  possession  said  Mexican  cotton  boll  weevil  in  any  of  its  forms 
knowingly  or  unknowingly  concealed  or  otherwise,  shall  be  refused  admittanc 
into  the  State  until  he  shall  have  undergone  an  examination  of  his  person  o 
property,  or  both,,  at  the  hands  of  the  said  entomologist  or  his  authorized  agents 
and  the  said  entomologist  shall  have  power  to  make  and  enforce  quarantinl 
regulations  against  animals,  and  all  persons  suspected  or  found  to  be  in  posses 
sion  of  clothes  or  other  property  infected  by  said  Mexican  cotton  boll  weevil. 

Sec.  4.  The  entomologist  of  the  Mississippi  agricultural  experiment  statioi 
shall  have  power  to  appoint  one  or  more  deputies  and  assistants  in  each  count; 
or  district,  who  shall  have  power  to  carry  out  and  enforce  such  regulations  am 
execute  such  plans  as  shall  be  made  and  adopted  by  the  said  entomologist,  an 
it  shall  be  the  duty  of  the  sheriff  of  each  county  of  the  State  to  cooperate  wit] 
the  said  entomologist,  and  to  execute  in  a summary  way  the  orders  and  regula 
tions  of  the  said  entomologist,  or  his  agents  and  assistants,  in  relation  to  thl 
prevention  of  the  introduction  and  eradication  of  the  Mexican  cotton  boll  weevil 
in  the  seizure  of  persons,  animals,  or  property  suspected  of  being  infected  witj 
said  boll  weevil. 

Sec.  5.  For  the  purpose  of  carrying  out  the  provisions  above  set  out  that  thl 
sum  of  ten  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  for  till 
years  1904  and  1905,  be  appropriated,  out  of  any  moneys  in  the  State  treasurj 
not  otherwise  appropriated,  to  be  paid  out  by  the  treasurer  of  the  State,  on  wail 
rants  drawn  by  the  said  entomologist,  approved  and  countersigned  by  till 
governor,  and  each  warrant  shall  specify  the  purpose  for  which  it  is  drawn  anj 
the  object  for  which  the  money  is  to  be  expended.  The  entomologist  shall  havl 
full  and  plenary  power  and  authority  to  make,  promulgate,  and  enforce  sue 
rules,  ordinances,  and  regulations,  and  to  do  and  perform  such  acts  as  in  hi 
judgment  may  be  necessary  to  control,  eradicate,  and  prevent  the  introductioi] 
spread,  or  dissemination  of  the  Mexican  cotton  boll  weevil  in  the  State. 

Sec.  6.  It  shall  be  the  duty  of  the  entomologist  of  the  Mississippi  agriculture 
experiment  station  to  make  a full  and  complete  and  itemized  report  of  all  hi 
doings  and  expenditures,  under  the  provisions  of  this  act,  to  the  legislature  c 
this  State,  at  the  session  of  1906,  published  in  pamphlet  form.  The  entomologif 
shall  have  power  to  inspect  growing  or  field  crops  supposed  to  be  infested  wit 
the  boll  weevil,  and  shall  have  authority  to  destroy  said  property  and  shall  hay 
a right  to  fix  compensation. 

Approved  March  18,  1904. 

MISSOURI. 

Session  Acts  of  1901,  page  134. 

An  Act  to  prevent  the  introduction  and  dissemination  in  Missouri  of  dangerous  inse'fl 
pests  and  fungoid  and  other  contagious  or  infectious  diseases  dangerously  injurioil 
to  fruit  trees,  vines,  hushes,  or  nursery  stock,  with  an  emergency  clause. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Missouri  as  follows: \ fl 
Section  1.  Whenever  any  trees,  vines,  bushes,  scions,  buds,  cuttings,  or  an 
nursery  stock  are  shipped  into  this  State  from  another  State,  country,  c I, 


MISSOURI. 


81 


| irovince,  every  package  or  quantity  thereof  shall  be  plainly  labeled  on  the  out- 
[ side  with  the  name  and  address  of  the  consignor,  the  name  and  address  of  the 
!j  consignee,  the  contents,  and  a certificate  showing  that  the  contents  have  been 
j nspected  by  a State  or  experiment  station  entomologist  of  the  State  from  which 
lie  shipment  was  made;  that  the  trees,  vines,  bushes,  scions,  cuttings,  buds,  or 
jither  nursery  stock  therein  contained  are  free  from  the  San  Jose  scale,  peach 
[fellows,  rosette,  or  other  dangerously  injurious  insects  or  contagious  or 
| nfectious  fungoid  or  other  diseases,  and  whenever  any  trees,  vines,  bushes, 
I scions,  cuttings,  buds,  or  other  nursery  stock  are  shipped  into  the  State  without 

I such  certificate  plainly  fixed  on  the  outside  of  the  package,  box,  or  car  containing 
Lhe  same,  the  fact  must  be  reported  to  the  consignor  by  the  railway  company, 
hteamboat  company,  or  express  company,  or  other  person  or  persons,  corpora- 
j tions,  or  companies  carrying  the  same,  and  said  package,  box,  or  car,  or 
luantity  thereof  shall  not  be  delivered  to  the  consignee  until  the  same  bear  the 
aforesaid  certificate,  and  any  railway  company,  steamboat  company,  or  express 
?ompany,  person  or  persons,  or  corporation,  or  company  who  shall  violate  or 
wade  the  provisions  of  this  section,  or  offer  any  hindrance  to  the  carrying  out  of 
this  act,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  any  sum  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  and  such  fines  shall  accrue  to  the  benefit  of  the  general  revenue 
fund  of  the  State  of  Missouri. 

Sec.  2.  There  being  no  adequate  provision  for  the  above  control  of  the 
injurious  insects  and  diseases  of  the  agricultural  and  horticultural  interests  of 
fhe  State,  creates  an  emergency  within  the  meaning  of  the  constitution ; there- 
fore, this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

' Approved  March  12,  1901. 


Article  III,  Chapter  67,  Revised  Statutes  of  1899. 

Sec.  4725.  Station  established.  There  is  hereby  created  and  established  a fruit 
experiment  station  in  south  Missouri.  (New  section.) 

Sec.  4726.  Purposes  of  experiment  station.  The  leading  objects  of  said  ex- 
periment station  shall  be  to  experiment  with  the  different  kinds  of  fruits,  to  wit, 
apples,  peaches,  berries  of  all  kinds,  grapes  and  small  fruits  of  all  kinds,  and  to 
ascertain  the  varieties  that  are  the  best  adapted  to  this  State;  and  to  study 
the  different  diseases  and  insects  to  which  said  fruits,  berries,  and  grapes  are 
subject  and  the  rerqedies  to  prevent  diseases  and  insects  from  injuring  or 
infecting  said  trees  and  orchards,  with  power  to  destroy  and  remove  any  in- 
fected trees  or  orchards  if  necessary  in  the  judgment  of  the  manager  and 
inspector  of  said  experiment  station,  to  keep  the  disease  or  insects  or  plague 
from  scattering  and  infecting  other  trees  or  orchards,  under  rules  hereinafter 
set  out.  (New  section.) 

Sec.  4727.  Board  of  trustees — Manager  and  inspector — Appointment — Qualifi- 
cations. There  is  hereby  created  a board  of  trustees  of  the  members  and  a 
manager  and  inspector.  The  manager  and  inspector  shall  be  scientists  and  a 
graduate  of  some  scientific  college,  and  be  versed  in  diseases  of  fruits,  trees, 
and  insects  which  infect  them,  and  be  versed  in  the  different  kinds  of  fruits, 
grapes,  and  berries.  Said  board  of  trustees  shall  be  appointed  by  the  governor, 
by  and  with  the  advice  and  consent  of  the  senate;  said  trustees  to  hold  their 
office  for  six  years : Provided , That  the  governor  shall  first  appoint  three  trus- 
tees, one  for  the  term  of  two  years,  one  for  the  term  of  four  years,  and  one  for 


7418 — No.  61  m 6 


82 


LAWS  AGAINST  INJURIOUS  INSECTS. 


the  term  of  six  years ; that  as  the  term  of  office  shall  expire  the  successors  shall 
be  appointed  for  six  years  from  the  time  of  expiration  of  the  term  of  the  out- 
going member ; the  manager  and  inspector  shall  he  appointed  for  a term  of 
four  years  by  the  board  of  trustees : Provided,  Either  the  trustees  or  manager 
and  inspector,  or  any  of  them,  may  be  removed  for  cause  and  successors  ap- 
pointed. (New  section.) 

Sec.  4728.  Manager  and  inspector.  Said  manager  and  inspector  shall  he  under 
the  control  of  the  board  of  trustees  of  the  experiment  station.  (New  section.) 

Sec.  4729.  Services  of  manager,  how  obtained.  It  shall  be  lawful  for  any  five 
freeholders,  residents  of  this  State,  to  go  before  any  clerk  of  a court  of  record 
and  demand  the  presence  and  services  of  said  manager  in  the  following  manner: 

State  of  Missouri,  County  of , ss : 

To  the  manager  of  the  fruit  experiment  station  of  the  State  of  Missouri : 

We,  the  undersigned  citizens,  freeholders  of  the  county  of  , believe  that 

there  exists  in  this  locality  a dangerous  infectious  disease  among  the  (here 
name  the  fruit  trees,  grapes,  or  berries)  located  on  the  farm  or  in  the  orchard 

or  orchards  of  the  following-named  party,  to  wit : , located  as  follows, 

to  wit : (Here  describe  the  lands  as  near  as  possible).  Therefore,  we  request  the 
presence  of  the  manager  and  inspector  of  the  fruit  experiment  station. 


Which  petition  may  be  certified  as  follows : 

I hereby  certify  that  the  above-named  petitioners  are  known  to  me  to  be 
reputable  citizens  of  this  county. 


Clerk  of  — — — court  of County,  Mo. 

(New  section.) 

Sec.  4730.  Duty  of  manager  on  receipt  of  petition.  Such  petition  may  be  for- 
warded by  mail  or  otherwise,  as  said  petitioners  may  elect,  to  meet  the  manager 
and  inspector  of  the  fruit  experiment  station  at  the  place  where  said  station 
is  located,  who  shall,  as  early  as  possible  after  the  receipt  of  the  same,  go  to 
the  locality  named  and  give  such  aid  and  instructions  as  he  may  think  best  for 
the  prevention,  cure,  or  eradication  of  the  disease  or  insects  with  which  he  may 
find  the  trees,  berries,  vines,  or  orchards  infected,  and  request  said  petitioners 
to  report  to  him,  in  writing,  the  result  of  the  treatment  prescribed.  (New 
section. ) 

Sec.  4731.  Duties  of  manager,  continued.  Said  manager  and  inspector  may 
also,  on  information  satisfactory  to  himself,  visit  any  locality  in  this  State  with- 
out receiving  any  petition  as  provided  for  in  the  preceding  section,  where  he 
may  think  his  presence  necessary  to  the  protection  of  orchards,  berries,  small 
fruits,  vineyards,  grapes,  and  fruit-tree  interests  in  the  State,  and  make  a thor- 
ough investigation  as  to  the  health  and  condition  of  said  fruit  trees,  berries, 
vines,  and  fruits  of  all  kinds  in  that  locality.  (New  section.) 

Sec.  4732.  Proceedings  when  trees,  etc.,  are  found  to  be  diseased.  If  upon  in- 
vestigation said  manager  and  inspector  shall  be  satisfied  that  said  fruit  trees, 
grapevines,  berry  vines,  or  the  fruit,  berries,  or  grapes  are  diseased,  and  that  the 
disease  is  liable  to  spread  to  other  trees,  vines,  or  orchards,  or  that  the  trees  are 
infected  with  any  kind  of  insects  that  are  liable  to  destroy  said  trees,  vines  or 
fruits  or  make  them  worthless,  and  that  the  same  is  liable  to  spread  to  other 
trees,  vines,  orchards,  or  vineyards,  he  shall  thereupon  notify  the  county  court 
or  any  other  authority  having  the  jurisdiction  of  the  county  court,  or  any  two 
judges  thereof  in  vacation,  of  the  county  in  which  said  diseased  fruits,  trees, 
vines,  or  fruits  are  located,  setting  forth  the  number  and  kind  of  trees,  vines,  or 


MONTANA, 


83 


fruits  infected  and  the  nature  of  the  disease  or  insect,  with  the  name  of  the 
owner,  if  known,  if  he  resides  in  the  county ; if  not,  then  to  the  person  in  charge 
of  the  diseased  fruit  trees,  vines,  or  fruits  to  appear  before  said  court  on  a day 
to  be  named  in  the  notice.  Said  notice  to  he  served  not  less  than  ten  days  before 
the  hearing  notifying  said  owner  or  person  in  charge  to  appear  before  the  court 
and  show  cause,  if  any,  why  said  diseased  fruit  trees  or  vines  should  not  be  dug 
up  and  burned,  said  notice  to  be  served  by  the  sheriff  the  same  as  ordinary 
summons,  and  notice  to  the  person  in  charge  shall  be  sufficient  notice  to  the 
owner : Provided,  The  owner  shall  not  be  known,  or  be  outside  of  the  county. 
(New  section.) 

Sec.  4733.  Diseased  trees , etc.,  to  be  destroyed  on  order  of  county  court,  when. 
Upon  the  parties  hereinbefore  specified  being  notified  and  appearing,  if  it  shall 
appear  to  the  court  that  said  trees  or  vines  are  infected  with  any  disease  or  insect 
that  are  likely  to  spread  to  other  trees,  vines,  orchards,  or  vineyards,  and  that  the 
same  can  not  be  eradicated,  cured,  or  the  insects  killed,  then  the  court  shall 
make  an  order  that  the  trees  or  vines  so  infected  be  dug  up  and  burned,  under 
the  direction  and  supervision  of  the  manager  and  inspector  of  said  fruit  experi- 
ment station,  who  may  employ  some  person  or  persons  to  dig  up  and  burn  said 
trees  or  vines,  for  which  services  the  laborers  employed  shall  receive  not  to 
exceed  $1.50  per  day  each  for  their  services,  to  be  paid  out  of  the  contingent 
fund  of  said  fruit  experiment  station;  and  it  is  further  provided,  that  the  man- 
ager or  inspector  shall  have  the  right  to  enter  on  any  premises  to  investigate 
and  inspect  fruit  trees,  grapevines,  or  berry  vines  or  the  fruits,  and  also  to 
enter  said  premises  with  such  persons  as  he  may  employ  to  dig  up  and  burn  said 
trees,  and  shall  not  be  guilty  of  trespass  or  any  damages  whatever  while  in  the 
discharge  of  his  duties.  (New  section.) 

Sec.  4734.  Compensation  of  manager  and  trustees.  The  manager  and  in- 
spector shall  receive  a salary  of  two  thousand  dollars  per  annum  and  necessary 
traveling  expenses,  and  the  trustees  shall  each  receive  the  sum  of  three  hun- 
dred dollars  per  annum  and  necessary  traveling  expenses,  all  to  be  paid  by  the 
State  of  Missouri.  (New  section.) 

Sec.  4735.  Commissioners  to  locate  station.  Upon  the  passage  and  taking 
effect  of  this  article  the  governor  shall  appoint  three  commissioners  to  locate 
said  experiment  station,  and  may  receive  donations  of  either  land  or  money  for 
and  in  consideration  of  the  location  of  the  same  at  any  one  point ; said  commis- 
sioners to  receive  $5  per  day  and  their  traveling  expenses  for  locating  said 
station.  (New  section.) 


MONTANA. 

An  Act  to  create  the  Montana  State  board  of  horticulture. 

Be  it  enacted  by  the  legislative  assembly  of  the  State  of  Montana: 

Section  1.  There  is  hereby  created  a State  board  of  horticulture,  to  consist  of 
seven  members,  six  of  whom  shall  be  appointed  by  the  governor,  one  from  each 
of  the  horticultural  districts  that  are  hereby  created,  and  the  State  executive, 
who  shall  be  an  ex  officio  member  of  the  board.  No  person  shall,  however,  be 
appointed  on  said  board,  or  employed  by  them,  who  shall  be  connected  in  any 
way  with  any  nursery,  or  who  shall  be  engaged  in  the  sale  or  handling  for  profit 
of  any  nursery  product. 

Sec.  2.  The  State  shall  be  divided  into  the  following  horticultural  districts : 
The  first  district  shall  comprise  the  counties  of  Dawson,  Custer,  Yellowstone, 
Sweet  Grass,  Carbon,  Park,  and  Rosebud;  the  second  district  shall  comprise 


84 


LAWS  AGAINST  INJURIOUS  INSECTS. 


the  counties  of  Gallatin,  Madison,  Jefferson,  Beaverhead,  Silver  Bow,  Lewis  ami 
Clark,  Meagher,  and  Broadwater ; the  third  district  shall  comprise  the  countie® 
of  Cascade,  Fergus,  Valley,  Chouteau,  and  Teton ; the  fourth  district  shall  conil 
prise  the  counties  of  Missoula,  Granite,  Powell,  and  Deer  Lodge ; the  fifth  dia 
trict  shall  comprise  the  county  of  Ravalli,  and  the  sixth  district  shall  comprisl 
the  county  of  Flathead. 

Sec.  3.  The  members  shall  reside  in  the  district  for  which  they  are  appointed  | 
They  shall  be  selected  with  reference  to  their  study  of  and  practical  experiencl 
in  horticulture  and  the  industries  dependent  thereon.  They  shall  hold  office  foil 
a term  of  four  years,  and  until  their  successors  are  appointed  and  qualified:  Proll 
vided,  however,  That  two  of  the  board  first  appointed — to  be  determined  by  lot — 1 1 
shall  retire  at  the  expiration  of  two  years.  All  vacancies  in  the  board  shall  bl 
filled  by  appointment  of  the  governor,  and  shall  be  for  the  unexpired  term. 

Sec.  4.  The  board  is  authorized  to  employ  a secretary  and  prescribe  his  duties 
who  shall  hold  his  appointment  at  the  pleasure  of  the  board.  Before  enterinl 
upon  the  discharge  of  his  duties,  each  member  and  employe  of  the  board  shall  i 
take  and  subscribe  to  the  oath  of  office,  which  said  oath  shall  be  filed  with  thl 
secretary  of  state. 

Sec.  5.  The  board  may  call  together  and  hold,  in  conjunction  with  horticuH 
tural  societies,  public  meetings  of  those  interested  in  horticulture  and  kindrel 
pursuits,  and  may  publish  and  distribute  such  proceedings  and  discussions  a { 
in  its  judgment  may  seem  proper,  provided  the  sum  so  expended  shall  not  exceed 
the  sum  of  $300  per  annum. 

The  board  shall  meet  on  the  third  Monday  of  February  and  September  of  eacll 
year,  and  as  much  oftener  as  it  may  deem  expedient. 

Sec.  6.  The  office  of  the  board  shall  be  located  at  such  place  as  the  majorit.4 
thereof  may  determine,  and  shall  be  in  charge  of  the  secretary  during  th(j 
absence  of  the  board. 

Sec.  7.  For  the  purpose  of  preventing  the  spread  of  contagious  diseases  amonat 
fruit  and  fruit  trees,  and  for  the  prevention,  treatment,  cure,  and  extirpation^ 
of  fruit  pests  and  diseases  of  fruit  and  fruit  trees,  and  for  the  disinfection  o 
grafts,  scions,  and  orchard  debris,  empty  fruit  boxes  or  packages,  or  othe:  j 
suspected  material  or  transportable  articles  dangerous  to  orchards,  fruit,  and 
fruit  trees,  said  board  may  prescribe  regulations  for  the  inspection,  disinfection 
or  destruction  thereof,  which  regulation  shall  be  circulated  in  printed  form  ty 
the  board  among  fruit  growers  and  fruit  dealers  of  the  State,  and  shall  be  pub  j 
lished  at  least  ten  days  in  two  horticultural  papers  of  general  circulation  in  th< 
State,  and  shall  be  posted  in  three  conspicuous  places  in  each  county  in  tin 
State,  one  of  which  shall  be  at  the  county  court-house  thereof. 

For  further  prevention  of  the  spread  of  diseases  dangerous  to  fruit  and  frui  i 
trees,  it  shall  be  unlawful  for  any  person  or  persons,  dealer  or  dealers,  to  alloy 
or  cause  to  be  used  the  second  time  any  crate,  box,  barrel,  package,  or  wrapping 
once  having  contained  fruit  or  nursery  stock,  and  that  the  destruction  of  tin 
same  must  be  made  in  its  entirety,  and  that  the  finding  of  such  crate,  box,  bar 
rel,  package,  or  wrapping  in  possession  of  any  person  or  persons,  dealer  o: 
dealers,  other  than  the  consignee,  shall  be  considered  prima  facie  evidence  of  j| 
violation  of  this  act. 

Any  member  of  the  board  or  officer  thereof  is  hereby  authorized  to  seize  ant 
destroy  by  burning,  without  breaking  such  crate,  box,  barrel,  package,  or  wrap! 
ping,  wherever  found,  and  to  prosecute  said  violator  or  violators. 

Sec.  8.  The  said  board  shall  elect  from  their  own  number,  or  appoint  fron  j 
without  their  number,  to  hold  office  at  the  pleasure  of  the  board,  one  competeir 
person  in  each  district,  to  be  known  and  act  as  inspector  of  fruit  pests.  Saic  I 


MONTANA. 


85 


! nspectors  shall  be  selected  with  reference  to  their  study  and  practical  experi- 
ence in  horticulture.  It  shall  be  the  duty  of  said  inspectors  to  visit  the  nurs- 
eries, orchards,  stores,  packing  houses,  warehouses,  and  other  places  where 
laorticultural  products  and  fruits  are  kept  and  handled  within  their  respective 
districts  and  to  see  that  the  regulation  of  the  State  board  of  horticulture  to 
orevent  the  spread  of  fruit  pests  and  diseases  of  trees  and  plants  and  the  disin- 
fection of  fruits,  trees,  plants,  grafts,  scions,  orchard  debris,  and  empty  fruit 
[boxes  and  other  material  shall  be  fully  carried  out  and  complied  with.  Said 
[inspectors  shall  have  free  access  at  all  times  to  all  premises  where  any  trees, 
plants,  fruits,  or  horticultural  products  or  supplies  are  kept  or  handled  and 
■shall  have  full  power  to  enforce  the  rules  and  regulations  of  the  State  horti- 
cultural board  and  to  order  the  destruction  and  disinfection  of  any  or  all  trees, 
plants,  fruits,  or  horticultural  products  or  supplies  found  to  be  infected  with 
[any  disease,  as  prescribed  or  designated  by  said  board. 

} The  said  board  may  appoint  one  or  more,  as  necessary,  competent  persons,  to 
? be  known  as  special  inspectors,  whose  general  powers  and  duties  shall  be  regu- 
lated and  prescribed  by  the  member  of  the  board  for  that  district.  Such  spe- 
cial inspector  shall  receive  such  sum  per  day  as  the  said  board  of  horticulture 
!may  agree  upon,  provided  such  sum  shall  in  no  case  exceed  the  sum  of  five  dol- 
ilars  per  day  for  the  time  actually  employed. 

The  said  board  shall  appoint  one  person,  to  be  known  as  inspector  at  large 
for  the  State,  whose  duties  shall  be  prescribed  by  the  board  and  who  shall 
| receive  the  sum  of  five  dollars  per  day  for  the  time  actually  employed. 

Sec.  9.  It  shall  be  the  duty  of  every  person  or  persons,  corporation  or  corpora- 
tions who  shall  sell  or  deliver  to  any  person  or  persons,  corporation  or  corpo- 
rations any  trees,  plants,  vines,  scions,  or  grafts  to  notify  the  secretary  of  the 
board,  whose  duty  it  shall  be  to  notify  the  inspector  of  said  district  wherein 
such  vines,  etc.,  etc.,  are  to  be  delivered  at  least  five  days  before  said  goods  are 
to  be  delivered,  giving  the  date  and  nursery  or  railroad  station  where  said  trees, 
plants,  scions,  etc.,  etc.,  are  to  be  delivered,  together  with  the  name  of  the  party 
or  parties  who  are  to  receive  the  same.  It  shall  be  the  duty  of  the  inspector 
receiving  said  notice  to  inspect  the  said  trees,  plants,  grafts,  scions,  etc.,  etc.,  as 
■ soon  thereafter  as  practicable,  and  if  the  same  be  found  free  from  any  and  all 
diseases  or  pests,  as  designated  by  said  State  board  of  horticulture,  he  shall  so 
certify  and  shall  attach  such  certificate  to  each  lot  or  bill  of  trees,  grafts,  plants, 
scions,  etc.,  which  said  certificate  must  contain  a list  of  the  said  trees,  grafts, 
scions,  vines,  or  plants  so  inspected.  But  if  any  of  the  trees,  grafts,  scions, 
vines,  or  plants  so  inspected  shall  be  found  to  be  diseased  or  infested  with  any 
of  the  pests,  as  prescribed  by  the  said  board,  then  the  inspector  shall  order  the 
disinfection  or  destruction  of  said  trees,  grafts,  scions,  vines,  etc.,  etc.,  etc.,  so 
diseased  or  infected,  together  with  all  boxes,  wrapping,  or  packing  pertaining 
thereto,  and  charge  and  collect  the  sum  of  ten  dollars  ($10)  for  the  disinfection 
and  inspection  of  each  carload  of  said  nursery  stock  and  a proportionate  sum 
for  less  than  car  lots,  but  in  no  instance  for  less  than  $2  for  each  separate 
inspection  or  disinfection,  provided,  that  the  State  board  of  horticulture  shall 
have  power  to  designate  certain  places  as  quarantined  stations,  where  all  nurs- 
ery stock  brought  into  the  State  shall  be  inspected  and  disinfected. 

For  the  inspection  of  fruits  a fee  of  two  cents  per  box  or  package,  with  a 
maximum  fee  of  five  dollars  for  each  separate  lot  or  car,  shall  be  charged  and 
collected.  The  inspectors  shall  collect  such  fees  and  shall  not  give  certificates 
of  inspection  until  the  fees  are  paid. 

Sec.  10.  If  any  person  or  persons  in  charge  or  control  of  any  nursery,  orchard, 
storeroom,  packing  house,  or  other  place  where  horticultural  products  or  sup- 


86 


LAWS  AGAINST  INJURIOUS  INSECTS. 


plies  are  handled  or  kept  shall  fail  or  refuse  to  comply  with  the  rules  and  regr 
illations  of  the  said  State  board  of  horticulture  or  shall  fail  or  refuse  to  disinB 
feet  or  destroy  any  diseased  or  infected  trees,  plants,  scions,  vines,  grafts! 
shrubs,  or  other  horticultural  supplies  or  products  when  ordered  so  to  do  by  thl 
inspector  of  such  district  he  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  $25  nor  more  thail 
$300. 

Sec.  11.  It  shall  be  the  duty  of  every  owner  or  manager  of  every  orchards 
nursery,  storeroom,  packing  house,  or  other  place  where  horticultural  product! 
or  supplies  are  kept  or  handled,  which  shall  become  diseased  or  infected  wit® 
any  injurious  insect  or  pest,  to  immediately,  upon  discovery  of  the  existence  o! 
such  disease  or  pest,  to  notify  the  inspector  of  said  district  of  the  existence  ol 
the  same.  It  shall  be  the  duty  of  such  owner  or  manager  at  his  own  prope* 
expense  to  comply  with  and  carry  out  all  the  instructions  of  said  inspector  foiji 
the  eradication  of  any  disease  or  pest.  If  he  shall  fail  to  do  so,  he  shall  b(ia 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof  shall  be  fined  ii  f 
any  sum  not  less  than  $25  nor  more  than  $300. 

Sec.  12.  If  any  person  or  persons,  corporation  or  corporations  shall  fail  oi  I 
refuse  to  forthwith  comply  with  the  instructions  of  said  inspector,  for  the  eradil 
cation  of  any  disease  or  pest,  said  inspector  shall  proceed  forthwith  to  eradiffl 
cate  such  disease  or  pest  and  the  expense  of  the  same  shall  become  a cliargt  . 
and  a lien  upon  the  property  of  such  owner. 

Sec.  13.  Every  person  who,  for  himself  or  as  agent  for  any  other  person  oi  i 
persons,  corporation  or  corporations,  transportation  company  or  common  carrier* 
shall  deliver  or  turn  over  to  any  person  or  persons,  corporation  or  corporations* 
any  trees,  vines,  shrubs,  nursery  stock,  scions,  grafts,  without  first  having  j 
attached  the  inspector’s  certificate,  as  provided  in  section  9 of  this  act,  shall  be  j 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof  shall  be  fined  ii 
a sum  not  less  than  $25  nor  more  than  $300. 

Sec.  14.  No  person  or  persons,  corporation  or  corporations,  shall  be  liable  tea 
any  other  person  or  persons,  corporation  or  corporations,  for  any  damage  to  any* 
trees,  vines,  or  shrubs,  nursery  stock,  scions,  or  grafts  by  reason  of  the  same  i 
being  held  to  await  the  certificate  of  the  inspector,  as  provided  in  section  9 ol  I 
this  act. 

Sec.  15.  The  inspectors  of  fruit  pests  appointed  or  elected  by  said  board  shall  ' 
receive  as  compensation  for  their  services  such  sum  as  the  board  may  regulate 
provided  not  to  exceed  five  dollars  per  day  for  the  time  actually  employed  j 
The  members  of  said  board  shall  receive  no  compensation  for  their  services  ! 
except  actual  expenses  paid  out.  The  secretary  of  said  board  shall  receive  the. 
sum  of  $1,000  per  annum  for  his  services. 

Sec.  16.  All  bills  for  expenditures  under  this  act  shall  be  audited  and  passed! 
upon  by  said  board  of  horticulture,  and  if  found  legal  and  just  shall  be  allowed  1 
subject  to  the  approval  of  the  State  board  of  examiners,  and  a warrant  shali  * 
be  drawn  therefor  upon  the  auditor  of  the  State  of  Montana,  who  shall  draw  > 
his  warrant  upon  the  State  treasurer  therefor. 

Sec.  17.  It  shall  be  the  duty  of  the  secretary  to  attend  all  meetings  of  the  I 
board  and  procure  records  of  the  proceedings  and  correspondence,  to  coiled! 
books,  pamphlets,  periodicals,  and  other  documents  containing  valuable  informa  j 
tion  relating  to  horticulture,  and  to  preserve  the  same ; to  collect  statistics  and  1 
other  information  showing  the  actual  condition  and  progress  of  horticulture  ii 
this  State  and  elsewhere;  to  correspond  with  agricultural  and  horticultura 
societies,  colleges,  and  schools  of  agriculture  and  horticulture,  and  other  per 
sons  and  bodies  as  may  be  directed  by  the  board,  and  prepare,  as  required  by 


MONTANA.  87 

he  board,  reports  for  publication.  He  shall  also  act  as  assistant  to  and  obey 
he  directions  of  the  inspectors  of  fruit  pests  under  the  direction  of  the  board. 

Sec.  18.  The  board  shall  biennially,  in  the  month  of  January,  report  to  the 
egislature  a statement  of  its  doings  and  abstracts  of  the  reports  of  the  inspect- 
>rs  of  fruit  pests,  and  of  the  secretary. 

Sec.  19.  There  is  hereby  appropriated  for  the  use  of  the  State  board  of  horti- 
culture as  set  forth  in  this  act,  out  of  the  moneys  in  the  State  treasury  not 
otherwise  appropriated,  the  sum  of  seven  thousand  dollars,  $3,500,  or  so  much 
thereof  as  may  be  necessary,  for  the  year  commencing  December  1,  1904,  and 
$3,500,  or  so  much  thereof  as  may  be  necessary,  for  the  year  commencing 
December  1,  1905. 

Sec.  20.  All  sums  of  moneys  collected  as  fines  for  violations  of  any  of  the 
provisions  of  this  act  shall  be  turned  into  the  State  treasury  for  use  in  defray- 
ing expenses  of  the  board  hereby  created,  and  the  appropriations  hereby  made 
shall  be  paid  out  of  the  fund  to  the  extent  of  the  money  therein  contained. 

| Sec.  21.  Every  person  who  for  himself,  or  as  agent  for  any  other  person  or 
persons,  transportation  company,  or  common  carrier,  shall  deliver  or  turn  over 
to  any  person  or  persons,  corporation  or  corporations,  any  fruits  without  first 
having  attached  the  inspector’s  certificate,  shall  be  deemed  guilty  of  a mis- 
demeanor. 

Sec.  22.  No  person,  firm,  or  corporation  shall  engage  or  continue  in  the  busi- 
ness of  selling  within  the  State  or  importing  fruit  trees,  plants,  or  nursery 
stock  into  the  State,  without  first  having  obtained  a license  to  do  business  in 
this  State,  as  in  this  act  provided. 

Sec.  23.  Any  person,  firm,  or  corporation  may  obtain  a license  to  engage  in 
the  business  of  selling  fruit  trees,  plants,  or  nursery  stock  into  this  State  upon 
the  payment  of  the  sum  of  twenty-five  dollars  and  by  filing  with  the  secretary 
of  the  State  board  of  horticulture  bond  with  sureties  in  the  sum  of  one  thousand 
dollars  ($1,000),  conditioned  that  the  principals  will  faithfully  obey  the  laws 
of  the  State  of  Montana  and  that  the  said  principals  will  pay  the  cost  of  fumi- 
gation of  all  nursery  stock  or  other  materials  or  goods  imported  into  or  sold 
within  the  State  by  the  said  principal  or  his  or  their  agent  and  the  expense  of 
destruction  of  any  infected  nursery  stock.  License  granted  under  this  act  shall 
be  for  one  year,  provided,  however,  that  such  license  may  be  revoked  at  any 
time  for  any  violation  of  this  act  at  the  discretion  of  the  board. 

Sec.  24.  It  shall  be  the  duty  of  every  person,  firm,  or  corporation  licensed  to 
do  business  under  this  act  to  notify  the  secretary  of  the  State  board  of  horti- 
culture of  his  intention  to  ship  an  invoice  of  fruit  trees,  plants,  or  nursery 
stock  from  one  point  to  another  in  this  State,  or  from  any  point  without  this 
State  into  this  State.  The  said  notice  shall  contain  the  name  and  address  both 
of  the  consignor  and  consignee,  and  the  invoice  of  the  goods  to  be  shipped,  the 
freight  or  express  office  at  which  the  goods  are  to  be  delivered,  and  the  name 
or  title  of  the  transportation  company  from  whom  the  consignee  is  to  receive 
such  goods. 

Such  notice  shall  be  mailed  at  least  five  days  before  the  day  of  shipment. 

Sec.  25.  It  shall  be  the  duty  of  each  person  or  corporation  offering  to  sell,  or 
selling  and  delivering,  any  nursery  stock,  fruit  trees,  plants,  vines,  scions, 
cuttings,  etc.,  etc.,  within  the  State  of  Montana,  to  place  on  each  and  every  pack- 
age so  sold  and  delivered  a label  or  card,  containing  the  name  and  address  of 
both  the  consignor  and  consignee  and  the  invoice  of  the  stock  therein  contained. 

Sec.  26.  Any  person  or  persons  who  shall  receive  and  accept  any  nursery 
stock,  fruit  trees,  plants,  vines,  scions,  cuttings,  grafts,  etc.,  etc.,  that  have  not 
been  inspected  by  a duly  appointed  inspector  of  the  State  board  of  horticulture, 


88 


LAWS  AGAINST  INJURIOUS  INSECTS. 


and  shall  use  or  dispose  of  said  nursery  stock,  fruit  trees,  vines,  plants,  scionsB 
cuttings,  grafts,  etc.,  etc.,  without  first  notifying  the  inspector  and  furnishing  hin* 
opportunity  to  examine,  and  if  necessary  fumigate  the  said  nursery  stock,  will  bel 
deemed  guilty  of  a misdemeanor  and  will  be  subject  to  fine  as  further  provide* 
in  this  act. 

Sec.  27.  All  nursery  stock,  trees,  plants,  vines,  and  cuttings  grown  or  growing] 
within  the  State  of  Montana  used  for  filling  orders  shall,  after  said  stock  shahj 
have  been  taken  from  the  nursery  rows  or  grounds,  and  before  the  same  shall 
have  been  packed  for  delivery,  be  inspected  by  a duly  appointed  inspector  and] 
shall  be  disinfected  by  fumigating  or  other  method,  when  in  his  judgment  sucbj 
is  necessary.  After  such  inspection,  if  it  he  found  that  said  nursery  stock,  treesJ 
plants,  vines,  and  cuttings  are  clean  and  free  from  insects  and  fungi  pests,  lie] 
shall  issue  his  certificate  to  said  nurseryman,  and  said  certificate  shall  entitle! 
him  to  use  said  stock  so  inspected  and  disinfected  for  filling  orders  for  next  u 
current  delivery. 

Nurseries  shall  give  to  the  secretary  of  the  board  five  days’  notice  of  the  time! 
when  said  stock  shall  be  ready  for  inspection  under  the  provision  of  this  act. 

Sec.  28.  Any  person  or  persons,  corporation  or  corporations,  transportation  | 
companies  or  common  carriers,  violating  any  of  the  provisions  of  this  act,  shall 
be  deemed  guilty  of  a misdemeanor  and  fined  in  the  sum  of  not  less  than  twenty-! 
five  dollars  ($25),  nor  more  than  three  hundred  dollars  ($300). 

Sec.  29.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

Sec.  30.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage)! 
and  approval. 

Approved  February  17,  1899. 


Rules  of  the  Montana  State  Board  of  Horticulture. 

Rule  1.  It  shall  be  the  duty  of  the  inspector  after  receiving  notice  of  the 
arrival  of  any  nursery  stock,  to  immediately  have  the  same  inspected  or  fumi- 
gated and  he  shall,  if  he  finds  after  inspection  said  nursery  stock  free  from  any 
and  all  diseases,  place  his  certificate  upon  each  and  every  package  showing 
that  the  said  nursery  stock  has  been  inspected  or  fumigated,  giving  name  of 
the  inspector,  the  date  of  inspection  and  place ; but  if  the  said  nursery  stock  be 
found  to  be  infected  with  any  of  the  diseases  or  insects  injurious  to  orchards  as 
prescribed  by  the  board  of  horticulture,  other  than  the  San  Jose  scale,  woolly 
aphis,  black  knot  of  the  plum  and  black  knot  of  the  cherry,  the  said  diseased 
stock  shall  be  properly  treated,  but  if  the  said  nursery  stock  shall  be  infected 
with  San  Jose  scale,  woolly  aphis,  black  knot  of  plum,  black  knot  of  cherry, 
crown  gall,  or  root  knot,  then  the  inspector  shall  destroy  the  same  by  burning, 
together  with  all  wrapping  and  packing,  and  shall  issue  a certificate  to  the  ship- 
per or  owner  showing  cause  for  destruction. 

Rule  2.  All  nursery  stock,  trees,  plants,  vines,  and  cuttings  of  any  kind 
shipped  into  or  brought  into  the  State  of  Montana,  before  delivery  to  the  pur- 
chaser shall  be  unpacked  from  the  boxes,  and  in  case  of  baled  or  burlapped 
shipments  these  coverings  shall  be  removed  and  stock  shall  be  inspected  and 
fumigated  at  Miles  City,  Billings,  Dillon,  Missoula,  Kalispell,  Great  Falls,  or 
Glasgow,  which  points  are  hereby  designated  as  quarantine  stations. 

All  nursery  stock,  trees,  plants,  vines,  and  cuttings  brought  into  Montana  by 
any  transportation  company  shall  be  inspected  and  fumigated  at  the  point  of 
delivery,  provided  said  point  of  delivery  shall  be  one  of  the  above-designated 
quarantine  stations;  but  if  any  shipments  shall  be  filled  for  delivery  at  any 
other  points  in  Montana,  they  shall  be  inspected  or  fumigated  at  the  quarantine 


MONTANA.  89 

station  on  the  line  of  such  transportation  company  next  preceding  or  nearest 
the  point  of  delivery  to  which  they  are  billed. 

All  such  nursery  stock,  plants,  trees,  vines,  cuttings  brought  into  the  State  of 
Montana  by  wagon  shall  be  inspected  and  treated  at  the  nearest  quarantine 
station,  as  hereinbefore  mentioned,  to  the  point  where  such  nursery  stock,  trees, 
plants,  vines,  and  cuttings  enter  the  State. 

The  certificate  of  the  inspector  making  such  examination  and  inspection  shall 
exonerate  the  shipper  and  consignee  from  any  and  all  penalties  provided  by  law. 

Rule  3.  Importers  or  owners  of  nursery  stock,  trees,  vines,  plants,  and  cut- 
tings who  shall  desire  to  have  such  nursery  stock,  trees,  plants,  vines,  and 
cuttings  inspected  and  fumigated  at  points  in  Montana  other  than  the  regular 
quarantine  stations,  may  have  such  inspection  and  fumigation  made  at  any 
point  designated  by  such  importer  or  owner ; provided,  however,  that  such 
importer  or  owner  shall  pay  all  charges  of  inspection  and  fumigation  and  all 
expenses  of  the  officer  employed  in  such  inspection  and  fumigation,  such  charges 
and  expenses  to  be  paid  before  the  certificate  is  granted. 

Rule  4.  The  inspector  at  large  shall  have  authority  to  employ  labor  to  assist 
the  inspectors  in  any  district  whenever,  in  the  judgment  of  the  inspector  at 
large,  such  assistance  is  necessary. 

Rule  5.  It  shall  be  unlawful  for  any  person  to  spray  any  tree,  plant,  or  shrub, 
when  the  same  is  in  bloom,  with  any  substance  injurious  to  bees  or  honey. 

Rule  6.  All  special  inspectors  shall  be  appointed  by  the  inspector  at  large, 
and  shall  hold  office  at  his  pleasure.  Such  appointments  shall  be  approved  by 
the  member  of  the  board  for  the  district  in  which  the  same  are  made.  All 
inspectors  shall  report  to  the  secretary  and  inspector  at  large  at  least  once  a 
month,  or  as  often  as  directed  by  said  secretary  and  inspector  at  large. 

Rule  7.  All  inspectors  shall,  as  directed,  report  to  the  secretary  of  said  board 
a complete  statement  of  his  doings,  upon  the  proper  blanks  furnished  for  that 
purpose,  together  with  an  itemized  bill  for  his  labor  for  the  time  actually 
served  by  him  during  such  week,  which  bill,  when  properly  audited  by  the 
member  of  the  State  board  of  horticulture  for  the  district  in  which  said  inspector 
shall  labor,  be  again  audited  by  the  president  and  secretary  of  the  State  board 
of  horticulture  and  forwarded  to  the  State  board  of  examiners  for  payment. 

Rule  S.  All  inspection  and  fumigation  shall  be  under  the  charge  and  super- 
vision of  the  inspector  at  large,  and  all  inspectors  shall  be  responsible  to  him. 

Rule  9.  The  inspectors  appointed  by  this  board  and  the  special  inspectors 
appointed  by  the  inspector  at  large  are  authorized  to  inspect  in  their  respective 
districts  any  and  all  nursery  stock,  trees,  plants,  shrubs,  vines,  and  fruits,  and  to 
collect  the  fees  prescribed  in  the  law  from  the  owner  or  person  in  control  of  such 
nursery  stock  or  fruits  wherever  found.  All  fruits  inspected  and  found  free  of 
any  disease  or  infection  shall  be  branded  “ Inspected  and  passed,”  together  with 
the  date  of  the  inspection  and  number  of  district  in  which  inspected,  but  if  found 
to  be  infested  with  any  injurious  insects  or  disease  shall  be  condemned  and 
destroyed  by  burning  by  the  inspector  without  exception. 

( Rule  10.  The  inspector  in  all  districts  shall  receive  as  compensation  for  the 
inspection  of  fruits  and  nursery  stock  the  sum  total  of  all  fees  collected  for  such 
inspection : Provided , however,  That  the  same  shall  not  exceed  the  sum  of  $5.00 
per  day  for  each  day’s  work  devoted  to  inspection,  and  all  fees  in  excess  of  said 
sum  shall  be  transmitted  with  the  report  of  the  inspector  to  the  secretary. 

Rule  11.  The  inspector  at  large  shall  have  authority  to  go  or  send  a compe- 
tent person  outside  of  the  State  to  inspect  any  fruits  or  nursery  stock  to  be 
shipped  into  the  State  whenever  the  party  asking  for  such  inspection  shall  defray 
the  entire  expense  of  such  proceeding. 


90 


LAWS  AGAINST  INJURIOUS  INSECTS. 


By  fumigation  it  is  to  be  understood  treatment  by  hydrocyanic  gas.  This  I 
treatment  shall  be  done  as  follows:  All  nursery  stock  to  be  treated  should  bej 
placed  in  an  air-tight  tent  or  box.  For  every  one  hundred  cubic  feet  of  space  in] 
box  or  tent,  take  one  ounce,  avoirdupois  weight,  and  fused  potassium  cyanide,  j 
ninety-eight  per  cent  strength,  preferably  in  lumps  about  the  size  of  a walnut  J 
one  and  one-half  ounces  commercial  sulphuric  acid,  best  grade,  and  two  and  one-l 
fourth  fluid  ounces  of  water.  First : Place  the  water  in  a three-gallon  vessel  i 
(which  may  be  glazed  earthenware)  ; to  this  add  the  acid  and  finally  thej 
potassium  cyanide.  (The  cyanide  would  be  better  enclosed  in  a small  paper  bag! 
in  which  a hole  is  torn.)  Immediately  close  the  doors  or  openings,  taking  all  pre-j 
cautions  against  inhaling  the  gas,  as  it  is  one  of  the  most  violent  poisons  known 
After  leaving  box  or  tent  closed  for  forty  minutes  open  all  doors  and  allow  at 
least  one  hour  for  thorough  ventilation  before  attempting  to  remove  stock.  No! 
injury  is  caused  to  nursery  stock  if  the  gas  is  left  in  for  more  than  forty  minutesJ 


NEBRASKA. 

There  is  no  law  in  Nebraska  relating  to  the  control  of  insects. 


NEVADA. 

An  Act  to  protect  and  promote  the  horticultural  interests  of  the  State  and  to  destrojl 
insect  pests  in  orchards  and  elsewhere. 

Section  1.  Whenever  a petition  is  presented  to  the  board  of  county  commis-di 
sioners  of  any  county  and  signed  by  twenty  or  more  persons  who  are  residents 
freeholders  and  possessors  of  an  orchard,  or  both,  stating  that  certain  or  all  ] 
orchards  or  nurseries,  or  trees  of  any  variety,  are  infested  with  scale  insect  ol 
any  kind  injurious  to  fruit,  fruit  trees,  or  vines,  or  are  infested  with  codlidl 
moth  or  other  insects  or  pests  that  are  destructive  to  trees  or  vines,  and  praying 
that  a commissioner  be  appointed  by  them  whose  duty  it  shall  be  to  supervise  j 
the  destruction  of  such  insects  or  trees  as  herein  provided,  the  board  ol 
county  commissioners  shall,  within  twenty  days  after  the  presentation  ol 
such  a petition,  select  and  appoint  a commissioner  for  the  county,  who  shal  I 
be  known  as  the  county  horticultural  commissioner.  The  said  commissioneiH 
shall  serve  for  a period  of  two  years  from  and  after  the  date  of  his  appoint  < 
ment  and  qualification  or  unless  he  shall  be  sooner  removed  by  order  of  saic| 
board  of  county  commissioners. 

Sec.  2.  It  shall  be  the  duty  of  the  county  horticultural  commissioner  in  eacli 
county,  whenever  he  shall  deem  it  necessary,  to  make  or  cause  to  be  made  ai  ‘ 
inspection  of  any  orchard  or  nursery  or  trees  or  any  fruit-packing  houseJ< 
storeroom,  salesroom,  or  any  other  place  in  his  jurisdiction,  and  if  founds 
infested  with  scale  bug,  codlin  moth,  or  other  insect  pests  injurious  to  fruit! 
fruit  trees,  trees,  or  vines,  he  shall  notify  the  owner  or  owners,  or  person  o 
persons  in  charge  or  possession  of  said  trees  or  place,  as  aforesaid,  that  the  sam< 
are  infested  with  the  said  insects,  or  any  of  them,  or  their  eggs  or  larvae,  and 
he  shall  require  such  person  or  persons  to  disinfect  or  destroy  the  same  withii 
a certain  time,  to  be  specified.  If  within  such  specified  time  such  disinfectiofp 
or  destruction  has  not  been  accomplished,  the  said  person  or  persons  shall  b< 
required  to  make  application  of  such  treatment,  for  the  purpose  of  disinfection 


NEVADA.  9 1 

' or  destruction  of  such  insect  pests,  scale  bug,  or  codlin  moth,  as  may  be  pre- 
scribed by  such  commissioner. 

Sec.  3.  The  notice  provided  for  in  section  2 shall  be  a written  notice  and  may 
I be  served  upon  the  person  or  persons  owning  and  having  charge  or  possession 
of  such  infested  trees  or  places  or  articles  as  aforesaid  by  the  commissioner  or 
! by  any  person  deputed  by  him  for  that  purpose ; or  they  may  be  served  in  the 
, same  manner  as  a summons  in  a civil  action.  If  the  owner  or  owners,  or  any 
j person  or  persons  in  charge  or  possession  of  any  orchard  or  nursery  or  trees 
or  places  or  articles  infested  with  the  said  insects,  or  any  of  them,  or  their 
' larvse  or  eggs,  after  having  been  notified  as  above  to  destroy  the  same  or  make 
I application  of  treatment  as  directed,  shall  fail,  neglect,  or  refuse  to  do  so,  he 
or  they  shall  be  deemed  guilty  of  maintaining  a public  nuisance,  and 'any  such 
I orchards,  nurseries,  trees,  or  places,  or  articles  thus  infested  shall  be  adjudged 
and  the  same  is  hereby  declared  to  be  a public  nuisance,  and  may  be  proceeded 
against  as  such.  If  the  owner  or  owners,  person  or  persons  aforesaid  be  found 
guilty,  the  court  shall  direct  the  aforesaid  county  horticultural  commissioner 
! to  abate  the  nuisance.  All  the  expenses  or  liabilities  incurred  in  such  pro- 
ceeding, together  with  the  costs,  shall  or  may  be  a lien  upon  the  real  property 
of  the  defendant  or  property  proceeded  against. 

Sec.  4.  Said  horticultural  commissioner  shall  have  power  to  divide  the  county 
into  districts  and  to  appoint  a local  inspector  for  each  of  said  districts,  who  shall 
be  known  as  “district  horticultural  inspectors,”  who  shall  serve  without  com- 
ipensation,  and  who  shall  be  subject  to  the  supervision  and  control  of  the  county 
horticultural  commissioner,  and  whose  authority  may  at  any  time  be  revoked. 
The  county  horticultural  commissioner  or  his  local  inspectors  shall  have  full 
power  and  authority  to  enter  into  any  orchard,  nursery,  or  place  or  places 
where  trees  or  plants  are  kept  and  offered  for  sale  or  otherwise,  or  any  house, 
storeroom,  salesroom,  depot,  or  any  such  place  in  their  jurisdiction  to  inspect 
the  same  or  any  part  thereof. 

Sec.  5.  The  county  horticultural  commissioner  shall  be  paid  for  each  day 
actually  engaged  in  the  performance  of  his  duty  under  this  act,  which  amount 
or  amounts  shall  be  payable  out  of  the  county  treasury  of  his  county.  The 
amount  of  compensation  shall  be  fixed  and  determined  by  resolution  of  the 
‘board  of  county  commissioners  prior  to  the  time  of  appointing  such  county  hor- 
ticultural commissioner. 

j Sec.  6.  Before  the  person  appointed  as  county  horticultural  commissioner  en- 
ters upon  the  discharge  of  his  duties,  or  at  any  time  thereafter,  the  board  of 
; county  commissioners  may  require  a bond  of  such  appointee,  which  bond  shall 
ibe  conditioned  for  the  true  and  faithful  performance  of  the  duties  of  such 
appointee  hereunder  and  which  bond  shall  be  in  an  amount,  with  sureties,  to  be 
fixed  and  approved  by  said  board  of  county  commissioners. 

Sec.  7.  If  the  county  horticultural  commissioner  of  any  county  shall  fail  or 
neglect  to  perform  the  duties  of  his  office  as  required  by  this  act  he  may  be  re- 
moved, and  the  district  attorney  of  such  county  may  institute  a civil  action  to 
j recover  from  the  sureties  on  such  bond  all  damages  occasioned  by  such  failure 
or  neglect,  or  any  person  aggrieved  thereby  shall  have  a right  of  action  upon 
such  bond  against  the  sureties  thereon.  In  case  of  removal  of  such  county 
horticultural  commissioner  or  of  vacancy,  occasioned  by  death,  resignation,  or 
otherwise,  the  county  commissioners  may  fill  such  vacancy  thus  formed  by 
appointment. 

Sec.  8.  It  shall  be  the  duty  of  the  county  horticultural  commissioner  to  keep  a 
jtrue  and  accurate  record  of  his  and  his  local  inspectors’  official  acts  hereunder 
and  to  make  a quarterly  report  to  the  boar.i  of  county  commissioners,  and  they 


92 


LAWS  AGAINST  INJUKIOUS  INSECTS. 


may  withhold  any  compensation  due  such  commissioner  until  such  time  as  such 
report  is  made. 

Sec.  9.  All  acts  and  parts  of  acts  in  conflict  with  the  above  are  hereby  re- 
pealed. 

Effective  March  13,  1903. 


NEW  HAMPSHIRE. 

An  Act  to  authorize  the  State  hoard  of  agriculture  to  appoint  a State  nursery  inspector  j 

and  to  provide  for  the  pi’otection  of  trees  and  shrubs  from  injurious  insects  and  1 

diseases. 

Be  it  enacted  by  the  senate  and  house  of  representatives  in  general  courtM 
convened : 

Section  1.  The  State  board  of  agriculture  shall  annually  appoint  some  person,  i 
qualified  by  scientific  training  and  practical  experience,  to  be  State  nursery! 
inspector,  and  he  shall  he  responsible  to  the  board  for  the  performance  of  his  1 
duties  as  prescribed  in  this  act.  The  said  inspector  may  appoint  such  number  of  j 
deputies,  not  exceeding  two,  as  he  may  deem  necessary  or  expedient. 

Sec.  2.  It  shall  he  the  duty  of  the  State  nursery  inspector,  either  personally  or  j 
through  his  deputies,  to  inspect  at  least  once  each  year  all  nurseries  or  places! 
in  the  State  where  nursery  stock  is  grown,  sold,  or  offered  for  sale,  and  if  no  j 
dangerous  insect  or  fungous  pests  are  found  therein  a certificate  to  that  effect  1 
shall  be  given.  If  such  pests  are  found  therein  the  owner  of  the  stock  shall  take  j 
such  measures  to  suppress  the  same  as  the  State  nursery  inspector  shall  pre-  { 
scribe,  and  no  certificate  shall  be  given  until  the  said  inspector  has  satisfied  him-  t 
self  by  subsequent  inspections  that  all  such  pests  have  been  suppressed. 

Sec.  3.  Any  owners  of  nurseries  or  of  places  in  the  State  where  nursery  stockil 
is  grown,  sold,  or  offered  for  sale,  who  do  not  hold  an  unexpired  certificate  of  s 
inspection  after  the  first  annual  inspection  made  after  the  passage  of  this  act,  : 
who  shall  sell  or  otherwise  dispose  of  nursery  stock  in  the  State,  shall  be  subject! 
to  a penalty  of  not  less  than  twenty-five  nor  more  than  one  hundred  dollars  for 
each  offence. 

Sec.  4.  Any  owners  of  nurseries  or  of  places  in  the  State  where  nursery  stock  ) 
is  grown,  sold,  or  offered  for  sale,  who  shall  fumigate  with  hydrocyanic  acid  gasrl 
all  stock  which  they  sell,  using  at  least  two-tenths  of  a gram  of  potassic  cyanide 
to  every  cubic  foot  of  space  contained  in  the  box,  house,  or  other  place  wherein 
this  fumigation  is  performed,  which  place  shall  be  gas  tight,  and  who  shall  ! 
expose  the  said  stock  to  the  fumes  of  this  gas  of  the  strength  aforesaid  for  at  1 
least  forty  minutes,  or  who  shall  treat  the  stock  which  they  sell  by  some  other 
method  approved  by  the  State  nursery  inspector,  and  wTho  shall  make  affidavit! 
before  a justice  of  the  peace  that  all  stock  sold  by  them  has  thus  been  fumigated  fc 
or  treated,  and  who  shall  attach  a copy  of  such  affidavit  to  each  package,  box,  or 
car  of  stock  sold,  may  be  exempt  from  the  provisions  of  sections  two  and  three  ! 
of  this  act. 

Sec.  5.  All  nursery  stock  shipped  into  this  State  from  any  other  State,  country.  I 
or  province  shall  bear  on  each  box  or  package  an  unexpired  certificate  that  th< 
contents  of  said  box  or  package  have  been  inspected  by  a duly  authorizedfj 
inspecting  officer,  and  that  said  contents  appear  to  be  free  from  all  dangerous- 
insects  or  diseases.  In  case  nursery  stock  is  brought  within  the  State  without! 
such  certificate  the  consignee  shall  return  it  to  the  consignor  at  the  expense  of 
the  latter,  or  shall  call  the  State  nursery  inspector  to  inspect  the  same : Pro- 
vided, however,  That  any  package  or  box  bearing  a certificate  of  fumigation 


NEW  JERSEY. 


93 


which  meets  the  requirements  specified  in  section  four  of  this  act  may  be 
accepted  as  though  bearing  a proper  certificate  of  inspection. 

Sec.  6.  The  State  nursery  inspector  shall  determine  the  season  for  inspecting 
nurseries  and  the  forms  of  certificates  to  be  given,  but  in  no  case  shall  he  issue 
a certificate  which  shall  continue  in  force  after  the  first  day  of  July  next  fol- 
lowing the  date  of  inspection.  He  or  any  of  his  deputies  shall  at  all  times  have 
ilie  right  to  enter  any  public  or  private  grounds  in  the  performance  of  any  duty 
required  by  this  act.  The  cost  of  said  inspection  shall  not  exceed  $300  annually. 

Sec.  7.  All  parties  violating  this  act  shall  be  prosecuted  by  the  secretary  of  the 
State  board  of  agriculture. 

Sec.  8.  This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1903. 


NEW  JERSEY. 

Chapter  249,  Laws,  Session  of  1903. 

An  Act  to  prevent  the  introduction  into  and  the  spread  of  injurious  insects  in  New 
Jersey,  to  provide  a method  for  compelling  their  destruction,  to  create  the  office  of 
State  entomologist,  to  authorize  inspection  of  nurseries,  and  to  provide  for  certificates 
of  inspection. 

Be  it  enacted  by  the  senate  and  general  assembly  of  the  State  of  New  Jersey: 

1.  All  gardeners,  horticulturists,  farmers,  nurserymen,  and  other  growers  of 
or  dealers  in  plants  of  any  kind,  upon  their  own  or  upon  leased  lands  or  prem- 
ises, shall  free  and  keep  freed  all  plants,  shrubs,  trees,  vines,  cuttings,  scions, 
buds,  stocks,  or  other  plant  parts  grown,  cultivated,  or  dealt  in  by  them  from 
all  injurious  insects  that  might  spread  from  the  plants  infested  to  others  on  the 
public  highways  or  upon  lands  adjoining  or  belonging  to  others ; all  plants, 
shrubs,  trees,  or  parts  of  such  so  infested  are  hereby  declared  to  be  a nuisance, 
to  be  abated  as  herein  prescribed,  and  their  maintenance  after  notice  given  as 
hereinafter  set  out  is  hereby  declared  a misdemeanor,  punishable  as  hereinafter 
provided. 

2.  For  the  purposes  of  this  act  the  entomologist  of  the  State  experiment  sta- 
tion is  hereby  declared  to  be  the  State  entomologist,  to  serve  as  such  at  such 
compensation  as  may  be  prescribed  by  the  executive  committee  of  the  State 
board  of  agriculture,  and  said  committee,  which  is  hereby  charged  with  the 
execution  of  this  act,  may  appoint  an  assistant  or  deputy  to  the  State  entomolo- 
gist, at  such  compensation  as  it  may  fix ; said  executive  committee  may  also 
appoint  such  temporary  assistants  and  inspectors  as  may  be  needed  to  carry 
out  the  provisions  of  this  act,  at  such  compensation  as  it  may  deem  reasonable. 

3.  The  term  nursery  as  used  in  this  act  shall  include  any  and  all  lands, 
premises,  and  buildings  upon,  on,  or  in  which  plants,  trees,  shrubs,  or  vines  of 
any  kind,  whether  for  fruit,  shade,  or  ornament,  are  grown  for  sale  within  the 
State  or  for  shipment  to  other  States  or  countries ; the  term  nursery  stock  as 
used  in  this  act  shall  be  held  to  include  any  and  all  plants,  shrubs,  trees,  and 
vines  grown  for  sale,  as  well  as  buds,  grafts,  stocks,  scions,  and  other  parts  of 
plants,  shrubs,  trees,  and  vines  that  may  be  sold  for  propagation;  but  it  shall 
not  apply  to  herbaceous  annuals  nor  to  plants,  flowers^  vines,  or  cuttings  grown 
under  glass  and  commonly  known  as  florists’  stock  ; the  term  nurseryman  as 
used  in  this  act  shall  be  held  to  include  any  person,  firm,  copartnership,  or  cor- 
poration growing  plants,  trees,  shrubs,  or  vines  for  sale,  or  dealing  in  such 
stock,  whether  he  or  they  be  owners,  lessees,  or  tenants  of  or  on  the  premises 
upon  which  such  stock  is  grown  or  offered  for  sale. 


94 


LAWS  AGAINST  INJURIOUS  INSECTS. 


4.  It  shall  be  unlawful  for  any  nurseryman  within  the  State  to  sell  or  offer! 
for  sale  any  nursery  stock  or  to  deliver  the  same  within  the  State  until  it  has! 
been  inspected  by  the  State  entomologist  or  his  deputy,  and  until  a certificate! 
has  been  issued  to  him  in  accordance  with  the  provisions  of  this  act ; it  shall,! 
be  the  duty  of  every  nurseryman  growing  stock  within  this  State,  and  of  every! 
dealer  in  nursery  stock,  to  attach  to  every  car,  box,  bale,  or  parcel  of  stock  sent! 
out  or  delivered  by  him  a written  or  printed  copy  of  the  certificate  issued  to! 
him  by  the  State  entomologist,  together  with  a written  or  printed  copy  of  a| 
declaration  signed  by  such  nurseryman,  stating  that  the  stock  contained  in  such! 
car,  box,  bale,  or  parcel  was  part  of  that  covered  by  such  certificate,  and  that! 
the  conditions  upon  which  such  certificate  was  issued  have  been  fulfilled ; such! 
statement  shall  be  considered  a warranty  as  to  the  source  of  said  stock,  for  a! 
breach  of  which  a certificate  may  be  withdrawn  by  the  State  entomologist. 

5.  All  nurserymen  growing  or  dealing  in  nursery  stock  within  this  State  mustl 
erect  and  maintain  upon  the  nursery  upon  which  their  stock  is  grown,  or  ml 
connection  therewith,  a structure  suitable  for  fumigating  nursery  stock  with! 
hydrocyanic  acid  gas,  which  shall  be  inspected  by  the  State  entomologist,  whose! 
duty  it  shall  be,  if  he  finds  the  building  properly  constructed  for  the  purposes! 
to  mark  upon  the  same  the  amounts  of  the  materials  to  be  used  for  the  fumiga-l 
tion  of  the  stock  grown  upon  such  nursery ; said  entomologist  shall  also  direcll 
the  manner  in  which  fumigation  is  to  be  done  and  the  length  of  time  during! 
which  the  stock  is  to  be  exposed  to  the  action  of  the  gas. 

6.  It  shall  be  unlawful  for  any  nurseryman  to  send  out  or  ship  from  hisl 
nursery  any  stock  not  thoroughly  fumigated  with  hydrocyanic  acid  gas  to  any! 
point  within  or  without  the  State,  unless  such  nurseryman  holds  a certificate! 
from  the  State  entomologist  that  the  stock  grown  upon  such  nursery  is  free! 
from  dangerously  injurious  insect  pests  or  those  liable  to  become  so : Provide* I 
That  this  requirement  shall  not  apply  to  evergreens,  conifers,  herbaceous  plants.  1 
or  to  plants  grown  under  glass  only  and  known  as  florists’  stock. 

7.  It  shall  be  the  duty  of  the  State  entomologist  to  examine  and  inspect,  onl 
cause  to  be  examined  and  inspected,  at  least  once  in  each  year,  at  such  time  oJ 
times  as  he  may  determine,  with  or  without  notice  to  the  nurseryman,  all  nursjl 
eries  within  the  State,  to  ascertain  whether  the  stock  grown  thereon  is  free! 
from  dangerously  injurious  insects  and  from  such  as,  in  his  opinion,  are  likely! 
to  become  so  when  transplanted  or  set  out  into  orchard,  vineyard,  field,  oi|| 
garden,  and  every  nurseryman  within  the  State  shall  have  the  right  to  demand! 
that  such  inspection  be  made  in  case  his  nursery  has  not  been  inspected  prioijl 
to  the  first  day  of  October  in  any  year.  No  fee  or  other  charge  for  inspections  i| 
shall  be  made  against  any  nurseryman. 

8.  After  any  nursery  has  been  inspected  it  shall  be  the  right  of  a nurserymaJ 
to  demand  of  the  State  entomologist  a certificate  stating  the  condition  of  tin  1 
stock  on  the  inspected  premises,  and  it  shall  be  the  duty  of  the  State  entomoloil 
gist  to  give  a certificate  in  accordance  with  the  facts  found.  If  the  inspection 
shows  the  presence  of  dangerously  injurious  insects  or  of  such  as  are  likely  t< 
become  so,  the  entomologist  shall  require  of  the  nurseryman  that  he  destron 
the  infested  stock  and  that  he  treat  that  exposed  to  infection  in  such  manneil 
as  may  be  necessary  to  render  such  insects  harmless  and  the  stock  safe.  I 
the  inspection  shows  that  a nursery  is  apparently  free  from  dangerously  injurifl  i 
ous  insects  or  from  such  as  are  liable  to  become  so,  the  State  entomologist  shal 
issue  his  certificate  to  that  effect,  specifying  in  such  certificate  the  date  up  t* 
which  it  shall  remain  valid:  Provided,  That  he  may  impose  as  a condition  tha; 
the  nurseryman  comply  with  the  requirements  of  section  six  of  this  act,  and  thir 
condition  must  be  accepted  in  writing  by  such  nurseryman.  Any  nurseryman 


NEW  JERSEY. 


95 


whose  premises  have  been  found  infested  may,  after  he  has  complied  with  the 
requirements  made  by  the  State  entomologist,  apply  for  a reinspection  of  his 
stock,  and  the  State  entomologist  shall,  if  he  finds  the  conditions  fulfilled  and 
the  stock  apparently  clean,  issue  his  certificate  to  that  effect  upon  such  condi- 
tions as  may  be  deemed  necessary  for  the  protection  of  purchasers ; such  condi- 
tions must  be  in  writing  and  must  be  accepted  by  the  nurseryman  in  writing. 

9.  It  shall  be  the  privilege  of  any  nurseryman  or  dealer  to  ship  under  the  cer- 
tificate issued  to  him  nursery  stock  grown  for  him  elsewhere  or  purchased 
by  him  from  other  States  or  countries : Provided,  That  all  such  stock  be  received 
under  a certificate  satisfactory  to  the  State  entomologist  that  it  had  been  in- 
spected where  grown  and  found  to  be  apparently  free  from  dangerously  inju- 
rious insects  or  such  as  were  liable  to  become  so ; and  no  such  stock  shall  be 
sold  within  the  State  or  shipped  until  the  certificate  accompanying  it  shall  have 
been  submitted  to  the  State  entomologist  and  approved  by  him. 

10.  Any  nurseryman  who  sells  or  ships  to  points  within  the  State  without  a 
certificate  of  inspection  made,  or  without  fumigation  as  prescribed  in  section  six. 
shall  be  deemed  guilty  of  a misdemeanor  and  subject  to  a fine  of  fifty  dollars 
for  every  sale  or  shipment  made  in  violation  of  sections  four  and  six  of  this  act ; 
my  nurseryman  to  whom  a certificate  has  been  issued,  who  shall  use  the  same 
Dn  stock  not  actually  inspected,  or  who  shall  in  any  way  fail  to  comply  with  the 
conditions  upon  which  such  certificate  was  issued  or  the  requirements  of  this 
act  shall  be  deemed  guilty  of  a misdemeanor  and  subject  to  a fine  of  one  hun- 
Ired  dollars  for  each  offense,  and  his  certificate  may  be  withdrawn  and  cancelled, 
in  the  discretion  of  the  State  entomologist. 

11.  All  nursery  stock  shipped  into  this  State  from  any  foreign  state  or  country 
must  be  accompanied  by  a certificate,  dated  not  more  than  six  months  prior  to 
the  date  of  such  shipment,  or  by  a written  or  printed  copy  of  such  certificate, 
attached  to  each  car,  box,  bale,  or  parcel  thereof,  stating  that  the  stock  to  which 
such  certificate  is  attached  has  been  inspected  by  an  officer  duly  authorized  by 
the  laws  of  the  State  where  Sdch  stock  was  grown  and  that  the  same  was 
found  to  be  free  from  dangerously  injurious  insects  or  from  such  as  might  be 
liable  to  become  so  when  introduced  into  nursery,  vineyard,  farm,  or  garden ; 
any  such  certificate  shall  be  accompanied  by  a written  or  printed  statement  from 
the  nurseryman  shipping  the  same  declaring  that  such  stock  is  part  of  that 
which  was  inspected  by  or  under  the  direction  of  the  officer  signing  the  certifi- 
cate, and  he  shall  further  state  whether  or  not  such  stock  has  been  fumigated 
with  hydrocyanic  acid  gas ; any  car,  box,  bale,  or  parcel  of  nursery  stock  shipped 
into  this  State,  unaccompanied  by  a certificate  as  above  required,  may  be  seized 
md  detained  by  the  State  entomologist  or  under  his  direction  wherever  found, 
whether  in  the  hands  of  a common  carrier  or  in  the  hands  of  the  consignee  or 
his  agent,  and  such  stock  may  be  held  and  detained  until  the  same  has  been 
inspected  and  found  free  from  dangerously  injurious  insect  pests  and  from  such 
as  in  the  judgment  of  said  entomologist  are  liable  to  become  so.  In  case  any 
dock  so  examined  is  found  to  be  infested  as  above  described,  it  shall  be  the 
duty  of  the  State  entomologist,  and  he  is  hereby  empowered,  to  destroy  such 
infested  stock,  and  he  shall  require  such  as  may  not  be  actually  infested  to  be 
•submitted  to  such  treatment  as  he  may  deem  necessary  to  make  it  safe  and  the 
insects  that  may  be  harbored  in  or  on  it  harmless ; it  shall  be  also  the  duty  of 
said  entomologist  when,  in  his  opinion,  there  is  reason  to  doubt  the  truth  of  any 
certificate  or  a nurseryman’s  statement  thereunder  found  attached  to  any  car. 
box,  bale,  or  parcel  of  stock  shipped  into  this  State  to  detain  such  box,  bale,  or 
parcel  of  stock  until  the  same  has  been  inspected  under  bis  direction  and  in 

[lease  such  stock  is  found  to  be  infested  it  may  be  treated  as  uncertified  and  all 


96 


LAWS  AGAINST  INJURIOUS  INSECTS. 


future  shipments  received  from  the  same  nurseryman  may  be  thereafter  re! 
garded  and  treated  as  uncertified. 

12.  It  shall  be  the  duty  of  the  State  entomologist,  whenever  complaint  iJ 
made  to  him  that  any  person,  firm,  or  corporation  is  maintaining  a nuisance  aa 
prescribed  in  section  one  of  this  act,  to  investigate  or  cause  to  be  investigated! 
as  soon  as  conveniently  possible,  the  truth  of  such  charge;  if  after  such  invest 
tigation  he  decides  that  such  a nuisance  exists,  he  shall  notify,  in  writing,  ttw 
owner  or  occupant  of  the  premises  containing  the  nuisance  complained  of,  ol 
the  fact  that  such  nuisance  exists ; he  shall  include  in  such  notice  a statement 
of  the  conditions  constituting  such  nuisance,  an  order  that  the  same  be  abated 
within  a specified  time,  which  shall  not  be  less  than  ten  days  from  the  date  ol} 
such  notice  nor  less  than  eight  days  from  the  date  of  its  service  as  herein  prej 
scribed,  and  a direction,  written  or  printed,  pointing  out  such  methods  as  shoulcl 
be  taken  to  abate  the  same ; such  notice  and  order  may  be  served  personally  oih 
by  depositing  the  same  in  the  post-office,  properly  stamped,  addressed  to  thJ 
owner  or  occupant  of  the  land  or  premises  upon  which  such  nuisance  exists! 
and  the  directions  for  treatment  may  consist  of  a printed  circular,  bulletin,  oil 
report  of  the  State  or  college  experiment  station  or  an  extract  from  the  samel 
in  case  the  notice  and  order  served  as  aforesaid  shall  direct  that  any  growina 
plant,  shrub,  oa*  tree  shall  be  taken  out  and  destroyed,  and  the  owner  or  groweJ 
of  such  plant,  shrub,  or  tree  shall  consider  himself  aggrieved  thereby,  he  shall 
have  the  privilege  of  appealing,  within  three  days  after  the  receipt  of  thJ 
notice,  to  a committee  of  appeal,  consisting  of  three  members  of  the  Statw 
board  of  agriculture  to  be  appointed  by  the  executive  committee  of  said  boar<j 
for  that  purpose ; the  appeal  must  be  in  writing,  directed  to  the  secretary  oil 
the  State  board  of  agriculture  at  Trenton,  and  must  contain  a statement  of  the ' 
reasons  why  the  order  of  the  State  entomologist  is  deemed  unjust ; written  notice! 
of  such  appeal  served  by  mail  upon  the  State  entomologist  shall  operate  tc 
stay  all  proceedings  until  the  decision  of  the  committee  of  appeal,  who  may® 
after  investigating  the  matter,  reverse,  modify,  or  confirm  the  order  of  the 
State  entomologist ; such  decision  shall  then  become  the  order  of  the  State!* 
entomologist,  who  shall  serve  the  same  as  hereinbefore  set  out  and  shall  fix  the 
time  within  which  such  decision  must  be  carried  out;  the  compensation  anc  | 
expenses  of  such  committee  of  appeal  shall  be  fixed  by  the  executive  committee  j 
of  the  State  board  of  agriculture. 

13.  It  shall  be  the  privilege  of  any  farmer,  horticulturist,  or  other  grower  oi 
fruits  within  this  State  to  request  an  examination  of  his  trees  or  other  fruit  ' 
bearing  plants,  to  determine  whether  or  not  they  are  infested  by  any  dangerously 
injurious  insect  pest,  and  it  shall  be  the  duty  of  the  State  entomologist  to  examst 
ine  or  cause  to  be  examined  such  trees  or  other  fruit-bearing  plants  with  al 
convenient  despatch ; in  case  such  trees  or  plants  are  found  to  be  so  infested! 
it  shall  be  the  duty  of  the  State  entomologist  to  inform  the  owner  as  to  the  bes  * 
methods  of  treating  such  trees  and  plants  that  they  may  be  preserved,  if  possi! 
ble,  and  the  spread  of  such  insects  checked ; this  section  shall  be  held  to  apply! 
only  to  such  insects  as  may  endanger  the  life  of  the  infested  trees  or  plant* 
and  may  spread  from  such  as  are  already  infested  to  others  in  their  vicinity! 

14.  Any  person,  firm,  or  corporation  failing  to  obey  an  order  of  the  StatJ 
entomologist  made  and  served  as  prescribed  in  section  twelve,  within  the  period 
of  time  therein  specified,  shall  be  deemed  guilty  of  a misdemeanor,  and  liable 
to  punishment  by  a fine  of  fifty  dollars  besides  the  costs  of  the  suit ; and  i 
the  order  of  the  State  entomologist  commanded  the  destruction  of  any  trees'! 
shrubs,  plants,  or  nursery  stock,  the  judgment  of  the  court  imposing  the  fine 
shall  include  also  an  order  to  the  officer  enforcing  its  judgments  to  seize  anc 
destroy  the  specified  trees,  shrubs,  plants,  or  nursery  stock,  in  accordance  witl  l 


NEW  JERSEY. 


97 


j the  order,  which  the  said  officer  shall  thereupon  be  fully  authorized  to  do;  fines 
(recovered  under  this  act  shall  be  collected  and  chargeable  as  are  other  judg- 
ments of  the  court  imposing  the  same. 

15. ®  All  proceedings  to  enforce  the  provisions  of  this  act  shall  be  brought  in 
the  name  of  and  prosecuted  by  the  State  board  of  agriculture  through  the 
committee  of  appeal  appointed  by  the  executive  committee  of  the  board,  as 

I prescribed  in  section  twelve  of  this  act,  and  in  any  court  of  competent  juris- 
i diction  in  the  county  in  which  the  offense  complained  of  shall  have  been  com- 
mitted ; action  by  said  committee  shall  be  based  upon  a report  from  the  State 
entomologist,  certifying  the  character  of  the  offense  committed  and  the  proof 
supporting  the  charge;  all  fines  and  costs  shall,  after  deducting  therefrom  the 
necessary  costs  of  prosecution,  be  paid  into  the  treasury  of  the  State,  accom- 
panied by  a statement  showing  the  amount  collected  and  the  cost  of  collecting 
the  same. 

16.  For  the  purpose  of  making  the  inspections,  examinations  and  investiga- 
tions specified  in  this  act,  and  to  enforce  the  provisions  of  the  same,  the  State 
I entomologist  and  his  duly  appointed  deputy  may  enter  upon  any  lands,  open 
or  inclosed,  upon  which  such  inspections,  examinations,  and  investigations  are 
necessary  or  where  any  nuisance  as  defined  in  section  one  of  this  act  is  main- 
tained or  charged,  and  into  any  storehouse  or  building  containing  nursery  stock 
which  he  is  herein  directed  or  entitled  to  inspect,  and  any  interference  with  or 
obstruction  made  to  the  entomologist  or  his  deputy  while  engaged  in  the  per- 
formance of  the  duties  herein  imposed  shall  subject  the  offender  to  punishment 
as  a disorderly  person  under  the  general  laws  of  this  State  upon  a charge  made 
against  him  by  the  officer  interfered  with. 

| 17.  The  sum  of  three  thousand  dollars  annually  is  hereby  appropriated  to  the 

State  board  of  agriculture  for  the  purposes  of  this  act:  Provided , That  no  pay- 
ment shall  be  made  pursuant  to  this  act  until  the  amount  thereof  shall  have 
been  included  in  the  annual  appropriation  bill. 

18.  Chapter  one  hundred  and  four,  laws  of  one  thousand  eight  hundred  and 
ninety-eight,  bearing  the  same  title  as  the  present  act,  is  hereby  repealed. 

19.  This  act  shall  take  effect  immediately. 

Approved  April  14,  1903. 


An  Act  to  amend  an  act  entitled  “An  act  to  prevent  the  introduction  into  and  the 
spread  of  injurious  insects  in  New  Jersey,  to  provide  a method  for  compelling  their 
i destruction,  to  create  the  office  of  State  entomologist,  to  authorize  inspection  of 
nurseries,  and  to  provide  for  certificates  of  inspection,”  approved  April  fourteenth, 
j one  thousand  nine  hundred  and  three. 

Be  it  enacted  by  the  senate  and  general  assembly  of  the  State  of  New  Jersey: 
1.  Section  fifteen  of  the  act  to  which  this  is  an  amendment  is  hereby  repealed 
and  the  following  substituted  : 

I 15.  Proceedings  to  enforce  the  provisions  of  this  act  shall  be  brought  in  the 
name  of  and  prosecuted  by  the  State  board  of  agriculture,  through  the  committee 
of  appeal  appointed  by  the  executive  committee  of  the  board,  as  prescribed  in 
section  twelve  of  this  act ; every  district  court  and  every  justice  of  the  peace  in 
any  city  or  county,  and  every  police  justice  or  recorder  in  any  city,  is  hereby 
empowered,  on  complaint  under  oath  or  affirmation  made  according  to  law  that 
any  person  or  persons  has  or  have  violated  any  of  the  provisions  of  this  act,  to 
issue  process  in  the  name  of  the  State  board  of  agriculture  of  the  State  of  New 
Jersey  as  prosecutor,  for  the  use  of  the  State  of  New  Jersey ; said  oath  or 


« See  act  approved  March  22,  1904,  for  amendment  of  this  section. 
7418— No.  61  m 7 


98 


LAWS  AGAINST  INJURIOUS  INSECTS. 


affirmation  may  be  made  upon  information  and  belief  by  any  member  of  said 
committee  of  appeal  and  the  complaint  shall  be  based  upon  a report  from  the 
State  entomologist  certifying  the  character  of  the  offense  committed  and  the 
proof  supporting  the  charge;  said  process  shall  be  in  the  nature  of  a summons, 
returnable  in  not  less  than  one  nor  more  than  ten  entire  days,  and  shall  state 
what  section  of  the  law  is  alleged  to  have  been  violated  by  the  defendant  or 
defendants ; at  the  return  of  said  summons  or  at  any  time  to  which  the  trial 
shall  have  been  adjourned  the  said  district  court,  justice  of  the  peace,  police 
justice,  or  recorder,  shall  proceed  summarily  to  hear  the  testimony  and  to 
determine  and  give  judgment  in  the  matter  without  the  filing  of  any  pleadings, 
either  for  the  prosecutor  for  the  recovery  of  the  fine  or  penalty  incurred,  with 
costs,  or  for  the  defendant  or  defendants ; if  such  judgment  be  for  the  prosecutor 
as  aforesaid  it  shall  state  the  character  of  the  complaint,  the  section  of  this  act 
under  which  the  proceedings  were  taken,  the  date  of  the  trial,  the  names  of  the 
witnesses  w,ho  testified  for  the  prosecutor,  the  names  of  the  witnesses  who 
testified  for  the  defendant,  the  amount  of  the  fine  or  penalty  for  which  judgment 
is  given,  which  shall  be  the  sum  specified  in  the  section  of  this  act  under  which 
the  proceedings  were  taken  and  the  judgment  obtained,  the  amount  of  costs 
assessed  against  the  defendant  which  shall  be  the  costs  allowed  by  the  provisions 
of  the  act  entitled  “An  act  concerning  district  courts,”  approved  June  fourteenth, 
in  the  year  one  thousand  eight  hundred  and  ninety-eight ; such  other  or  further 
orders  to  the  officer  authorized  by  law  to  enforce  such  judgment  as  are  pro- 
vided for  in  section  fourteen  of  this  act,  and  that  execution  do  issue  against  the 
goods  and  chattels  of  said  defendant  for  the  amount  of  said  fine  or  penalty  and 
costs;  said  judgment  shall  be  signed  by  the  judge  of  the  district  court,  justice) 
of  the  peace,  police  justice,  or  recorder  giving  the  same;  the  officers  to  serve  any 
process  or  execution  issued  as  aforesaid  shall  be  the  county  constables,  andi 
within  the  jurisdiction  of  any  district  court  shall  include  the  sergeant-at-arms 
thereof,  which  service  and  execution  shall  in  all  cases  be  made  in  the  same  man- 
ner and  under  the  same  liabilities  that  other  processes  and  executions  issued 
out  of  the  district  courts  of  this  State  are  served  and  executed  under  and  by) 
virtue  of  the  act  concerning  district  courts  cited  above;  all  fines  or  penalties  and 
costs  shall  be  paid  by  the  officer  collecting  the  same  to  the  treasurer  of  the  State  I 
board  of  agriculture  who  shall,  after  deducting  therefrom  the  necessary  costs  of 
prosecution,  pay  the  balance  into  the  treasury  of  the  State,  accompanied  by  aj 
statement  showing  the  amount  collected  and  the  cost  of  collecting  the  same ; said 
officer  executing  the  judgment  shall  also,  if  it  contains  an  order  to  seize  andl 
destroy  trees,  shrubs,  or  other  plants,  make  return  to  the  court  from  which  the 
execution  issued,  stating  that  the  order  has  been  carried  out,  or  if  it  has  not 
been  carried  out,  the  reasons  why  the  judgment  of  the  court  could  not  be 
enforced. 

2.  This  act  shall  take  effect  immediately. 

Approved  March  22,  1904. 


NEW  MEXICO. 

Chapter  107,  Laws  of  1903. 

An  Act  to  create  county  boards  of  horticultural  commissioners  in  the  Territory  of  Newi 
Mexico,  and  to  promote  the  horticultural  interests  in  said  Territory. 

Be  it  enacted  by  the  legislative  assembly  of  the  Territory  of  'New  Mexico: 
Section  1.  Within  twenty  days  after  the  passage  of  this  act  it  shall  be  incum-d 
bent  upon  the  county  commissioners  of  each  county  of  New  Mexico,  on  petition  | 


NEW  MEXICO. 


99 


of  ten  tax-paying  citizens  of  said  county,  to  select  three  competent  persons,  fruit 
growers  or  owners  of  orchards,  residents  of  such  county,  who  shall  be  known 
as  the  county  board  of  horticultural  commissioners.  The  board  of  county  com- 
missioners shall  fill  any  vacancy  that  may  occur  in  said  board  by  death,  resigna- 
tion, or  otherwise,  and  appoint  one  horticultural  commissioner  each  year,  or 
thereabouts,  one  month,  or  thereabouts,  previous  to  the  expiration  of  the  term  of 
office  of  any  member  of  the  said  county  board  of  horticultural  commissioners. 
Said  county  board  of  horticultural  commissioners  shall  serve  for  a term  of  three 
years  from  date  of  appointment,  except  the  commissioners  first  appointed,  one 
of  whom  shall  serve  for  one  year,  one  of  whom  for  two  years,  and  one  of  whom 
for  three  years,  from  date  of  appointment.  The  commissioners  first  appointed 
shall  themselves  decide  by  lot  or  otherwise  who  shall  serve  for  one  year,  who 
shall  serve  for  two  years,  and  who  shall  serve  for  three  years,  and  shall  notify 
the  board  of  county  commissioners  of  the  result  of  their  choice. 

Sec.  2.  It  shall  be  the  duty  of  the  county  board  of  horticultural  commissioners 
in  each  county,  whenever  it  shall  deem  it  necessary,  to  cause  an  inspection  to 
be  made  of  any  orchard,  or  nursery,  or  trees,  or  any  fruit  packing  house,  store- 
room, sales-room,  or  any  other  place  in  their  jurisdiction,  and  if  found  infested 
with  scale  bug,  codlin  moth,  or  other  insect  pest  injurious  to  fruit,  trees,  and 
vines,  they  shall  notify  the  owner  or  owners,  or  person  or  persons  in  charge  or 
possession  of  said  trees  or  place  aforesaid  that  the  same  are  infested  with  said 
insects,  or  any  of  them,  or  their  eggs  or  larvae,  and  they  shall  require  such  per- 
son or  persons  to  disinfect  or  destroy  the  same  within  a certain  time,  to  be  speci- 
fied: Provided , That  no  spraying  of  trees  while  in  bloom  shall  be  required  to 
be  done.  If  within  such  time  such  disinfection  or  destruction  has  not  been 
accomplished,  the  said  person  or  persons  shall  be  required  to  make  application 
of  such  treatment,  for  the  purpose  of  destroying  them,  as  said  commissioners 
may  prescribe.  Said  notices  may  be  served  upon  the  person  or  persons  owning 
or  having  charge  or  possession  of  such  infested  trees,  or  places,  or  articles  as 
; aforesaid,  by  any  commissioner  or  by  any  person  deputed  by  the  said  commis- 
sioners for  that  purpose,  or  they  may  be  served  in  the  same  manner  as  a sum- 
Imons  in  a civil  action.  If  the  owner  or  owners,  or  persons  in  charge  or  posses- 
sion of  any  orchard,  or  nursery,  or  trees,  or  places,  or  articles  infested  with  said 
| insects,  or  any  of  them,  or  their  larvae  or  eggs,  after  having  been  notified  as 
above  to  destroy  the  same  or  make  application  of  treatment  as  directed,  shall 
I fail,  neglect,  or  refuse  to  do  so,  he  or  they  shall  be  deemed  guilty  of  maintain- 
ing a public  nuisance,  and  any  such  orchards,  nurseries,  trees,  or  places,  or  arti- 
cles thus  infested  shall  be  adjudged  and  the  same  is  hereby  declared  a public 
! nuisance,  and  may  be  proceeded  against  as  such.  If  found  guilty,  the  court 
j shall  direct  the  aforesaid  county  board  of  horticultural  commissioners  to 
‘abate  the  nuisance.  The  expenses  thus  incurred  shall  be  a lien  upon  the  real 
property  of  the  defendant. 

Sec.  3.  The  said  county  board  of  horticultural  commissioners  shall  have  power 
to  divide  the  county  into  districts  and  to  appoint  a local  inspector  for  each  of 
said  districts.  The  board  of  county  commissioners  of  each  county  shall  issue 
5!  commissions  as  quarantine  guardians  to  the  members  of  said  county  board  of 
horticultural  commissioners,  and  to  the  local  inspectors  thereof.  The  said 
quarantine  guardians,  local  inspectors,  or  members  of  said  county  boards  of 
horticultural  commissioners,  and  to  the  local  inspectors  thereof.  The  said 
chard,  nursery,  or  place  or  places  where  trees  or  plants  are  kept  and  offered 
for  sale,  or  otherwise,  or  any  house,  storeroom,  sales  room,  depot,  or  any  other 
such  place  in  their  jurisdiction,  to  inspect  the  same,  or  any  part  thereof. 

Sec.  4.  It  shall  be  the  duty  of  said  county  board  of  horticultural  commis- 


100 


LAWS  AGAINST  INJURIOUS  INSECTS. 


sioners  to  keep  a record  of  their  official  doings  and  to  make  a report  to  the 
board  of  county  commissioners  on  or  before  the  first  day  of  October  of  each 
year  of  the  condition  of  the  fruit  interests  in  their  several  districts,  what  is 
being  done  to  eradicate  insect  pests,  also  as  to  the  disinfecting  and  as  to  quar- 
antine against  insects,  pests,  and  diseases,  and  as  to  carrying  out  all  laws 
relative  to  the  greatest  good  of  the  fruit  interest.  Said  board  of  county  com- 
missioners shall  incorporate  so  much  of  said  report  as  may  be  of  general  inter- 
est in  their  annual  report,  which  they  shall  make  to  the  governor  of  said  Terri- 
tory on  or  before  the  first  day  of  December  of  each  year. 

Sec.  5.  Each  member  of  the  county  board  of  horticultural  commissioners,  and 
each  local  inspector,  shall  be  paid  for  each  day  actually  engaged  in  the  per- 
formance of  his  duties  under  this  act,  payable  out  of  the  county  treasury  of  this 
county,  such  compensation  as  shall  be  determined  by  resolution  of  the  board  of 
county  commissioners  of  the  county  before  entering  into  the  discharge  of  his  or 
their  duties. 

Sec.  G. -Said  county  board  of  horticultural  commissioners  shall  have  power 
to  remove  any  local  inspector  who  shall  fail  to  perform  the  duties  of  his  office. 
If  any  member  of  the  county  board  of  horticultural  commissioners  shall  fail 
to  perform  the  duties  of  his  office,  as  required  by  this  act,  he  may  be  removed 
from  office  by  the  board  of  county  commissioners  and  the  vacancy  thus  formed 
may  be  filled  by  appointment  by  said  board  of  county  commissioners.  In  addi- 
tion to  the  annual  report  required  by  section  5 of  this  act,  the  county  board  of 
horticultural  commissioners  shall  make  a monthly  report  of  their  doings  to  the 
board  of  county  commissioners,  and  the  board  of  county  commissioners  may 
withhold  warrant  for  their  salary  or  compensation  of  said  members  and  in- 
spectors thereof  until  such  time  as  said  report  is  made. 

Sec.  7.  The  county  board  of  horticultural  commissioners  may  receive,  manage, 
use,  and  hold  donations  and  bequests  for  promoting  the  objects  of  its  formation. 
It  shall  meet  semiannually,  and  as  much  oftener  and  at  such  places  as  it  may 
deem  expedient,  to  consult  and  adopt  such  measures  as  may  best  promote  the 
horticultural  industry  of  the  county.  It  may,  but  without  expense  to  the  county,  j 
select  and  appoint  competent  and  qualified  persons  to  lecture  in  the  county  for 
the  purpose  of  illustrating  practical  horticultural  topics  and  imparting  instruc- 
tion in  the  methods  of  culture,  pruning,  fertilizing,  and  also  in  the  best  methods  1 
of  treating  diseases  of  fruits  and  fruit  trees,  cleansing  orchards,  and  exter- 
minating insect  pests.  The  county  board  of  horticultural  commissioners  shall 
at  their  first  meeting  select  from  among  themselves  a chairman,  a secretary,  and 
a treasurer,  who  shall  furnish  bond  to  the  county  commissioners  in  the  sum  of! 
five  hundred  dollars  ($500.00)  for  the  faithful  discharge  of  his  duties. 

Sec.  8.  The  chairman  shall  preside  at  all  meetings  of  the  board,  shall  counter-  j 
sign  all  checks  for  moneys  paid  out,  and  shall  sign  all  contracts  to  which  thej 
county  board  of  horticultural  commissioners  is  a party:  Provided,  The  same] 
shall  have  been  approved  by  the  board.  He  shall  have  power  to  call  a meeting] 
of  the  board  at  any  time  he  deems  it  necessary,  whenever  requested  by  a ma-j 
jority  of  the  board,  or  when  requested  in  writing  by  six  of  the  resident  fruit 
growers. 

Sec.  9.  The  secretary  shall  attend  all  meetings  of  the  board  and  preserve  rec-l 
ords  of  its  proceedings  and  all  its  correspondence,  collect  and  preserve  such 
books,  pamphlets,  periodicals,  and  other  documents  as  may  be  of  interest  to  the^ 
borticulturalist,  and  to  correspond  with  agricultural  and  horticultural  societies  , 
and  colleges  and  what  other  persons  and  bodies  as  he  may  be  directed  by  the' 
board.  He  shall  also  prepare  such  reports  as  are  required  by  the  board  and 
perform  such  other  duties  as  will  pertain  to  the  office. 


NEW  YORK. 


101 


Sec.  10.  The  duties  of  the  treasurer  shall  be  to  receive  and  safely  keep  all 
moneys  of  the  board.  He  shall  pay  out  the  same  only  for  bills  approved  by  the 
board  and  shall  render  a detailed  account  to  the  board  before  the  first  of  Octo- 
ber of  each  year,  or  as  often  as  may  be  required  by  the  board,  showing  the 
amount  of  money  received  by  the  board  and  paid  out  by  him.  At  the  expiration 
of  his  term  of  office  he  shall  turn  over  to  his  successor  in  office  all  moneys, 
books,  and  papers  of  the  board.  He  shall  give  bond  in  sum  as  provided  for. 

Approved  March  19,  1903. 


NEW  YORK. 

Agricultural  Law  of  the  State  of  New  York,  as  Amended  to  July,  1905. 

article  VI. 

§ 82.  The  prevention  of  disease  in  fruit  trees  and  the  extirpation  of  insect 
pests  that  infest  the  same.  No  person  shall  knowingly  or  wilfully  keep  any 
peach,  almond,  apricot,  or  nectarine  trees  affected  with  the  contagious  disease 
known  as  yellows.  No  person  shall  knowingly  or  wilfully  keep  any  peach  tree 
affected  with  the  disease  known  as  little  peach.  Nor  shall  any  person  know- 
ingly or  wilfully  keep  any  plum,  cherry,  or  other  trees  affected  with  the  con- 
tagious disease  or  fungus  known  as  black  knot,  nor  any  tree,  shrub,  or  plant 
infested  with  or  by  the  San  Jose  scale  or  other  insect  pest  dangerously  injuri- 
ous to  or  destructive  of  the  trees,  shrubs,  or  other  plants ; every  such  tree, 
shrub,  or  plant  shall  be  a public  nuisance,  and  as  such  shall  be  abated,  and  no 
damage  shall  be  awarded  for  entering  upon  premises  upon  which  there  are  trees, 
shrubs,  or  plants  infected  with  yellows,  little  peach,  or  black  knot,  or  infested 
with  San  Jose  scale,  for  the  purpose  of  legally  inspecting  the  same ; nor  shall 
any  damage  be  awarded  for  the  destruction  by  the  commissioner  of  agricul- 
ture, or  his  duly  authorized  agents  or  representatives,  of  such  trees,  shrubs,  or 
plants,  or  altogether  destroying  such  tree,  if  necessary  to  suppress  such  disease, 
if  done  in  accordance  with  the  provisions  of  this  article,  except  as  otherwise 
herein  provided.  Every  person,  when  he  becomes  aware  of  the  existence  of 
such  disease  or  insect  pest  in  any  tree  owned  by  him,  shall  forthwith  report 
the  same  to  the  commissioner  of  Agriculture  at  Albany,  New  York,  and  the  said 
commissioner  shall  take  such  action  as  the  law  provides.  If  in  the  judgment 
of  said  commissioner  of  agriculture  or  the  person  or  persons  representing  him, 
the  trees,  shrubs,  or  other  plants  so  infected,  infested,  or  diseased  should  be 
destroyed,  then  such  destruction  shall  be  carried  on  and  completed  under  the 
supervision  of  the  commissioner  of  agriculture  or  the  person  or  persons  duly 
appointed  by  him  and  authorized  so  to  do,  without  unnecessary  delay ; but  the 
owner  of  the  trees,  shrubs,  or  plants  shall  be  notified  immediately  upon  it 
being  determined  that  such  trees,  shrubs,  or  plants  should  be  destroyed  by  a 
notice  in  writing  signed  by  said  commissioner  or  the  person  or  persons  represent- 
ing him,  which  said  notice  in  writing  shall  be  delivered  in  person  to  the  owner 
of  such  trees,  shrubs,  or  plants,  or  left  at  the  usual  place  of  residence  of  such 
owner,  or  if  such  owner  be  not  a resident  of  the  town,  by  leaving  such  notice  with 
the  person  in  charge  of  the  premises,  trees,  shrubs,  or  plants,  or  in  whose  posses- 
sion they  may  be ; such  notice  shall  contain  a brief  statement  of  the  facts  found 
to  exist  whereby  it  is  deemed  necessary  to  destroy  such  trees,  shrubs,  or  plants, 
and  shall  call  attention  to  the  law  under  which  it  is  proposed  to  destroy  them, 
and  the  owner  shall  within  ten  days  from  the  date  upon  which  such  notice  shall 
have  been  received  remove  and  burn  all  such  diseased  or  infested  trees,  shrubs, 


102 


LAWS  AGAINST  INJURIOUS  INSECTS. 


or  plants.  If,  however,  in  the  judgment  of  the  commissioner  of  agriculture  any 
trees,  shrubs,  or  plants  infected  with  any  disease  or  infested  with  dangerously 
injurious  insects  can  be  treated  with  sufficient  remedies  he  may  direct  such  treat- 
ment to  be  carried  out  by  the  owner  under  the  direction  of  the  commissioner’s 
agent  or  agents.  Any  person  refusing  or  failing  to  comply  with  the  directions  of 
the  commissioner  of  agriculture  or  his  duly  authorized  agents  in  carrying  on  the 
work  of  extirpating  dangerously  injurious  insect  pests  and  fungus  or  other  dis- 
eases shall  be  guilty  of  a misdemeanor.  In  case  of  objections  to  the  findings  of 
the  inspector  or  agent  of  the  commissioner  of  agriculture  an  appeal  shall  be 
made  to  the  commissioner  of  agriculture,  whose  decision  shall  be  final.  An 
appeal  must  be  taken  within  three  days  from  service  of  said  notice,  and  shall  act 
as  a stay  of  proceedings  until  it  is  heard  and  decided.  When  the  commissioner 
of  agriculture,  or  the  person  or  persons  appointed  by  him,  shall  determine 
that  any  tree  or  trees,  shrubs,  or  other  plants  must  be  treated  or  destroyed 
forthwith,  he  may  employ  all  necessary  assistants  for  that  purpose,  and  such  i 
person  or  persons,  agent  or  agents,  employee  or  employees  may  enter  upon  any 
or  all  premises  in  any  city  or  town  necessary  for  the  purpose  of  such  treatment,  j 
removal,  or  destruction.  (As  amended  by  chapter  20  of  the  laws  of  1903.) 

§ 83.  Appointment  and  duties  of  the  agent  of  the  commissioner  of  agriculture. 
When  the  commissioner  of  agriculture  knows  and  has  reason  to  believe  that  any  j 
such  contagious  disease  exists,  or  that  there  is  good  reason  to  believe  it 
exists,  or  danger  is  justly  apprehended  of  its  introduction  in  any  town  or  city 
in  the  State,  or  that  any  dangerously  injurious  insect  pest  exists  within  this 
State,  and  has  reason  to  believe  that  danger  may  be  justly  apprehended  from  j 
its  existence,  he  shall  forthwith  send  some  competent  person  and  such  agent 
or  agents  as  he  may  deem  necessary  to  assist  in  extirpating  said  pest  or  pests, 
disease  or  diseases,  and  the  said  commissioner  of  agriculture  is  hereby  authorized  j 
and  empowered  to  take  such  steps  and  do  whatever  may  be  deemed  necessary  to 
so  control  or  prevent  the  spread  or  extirpate  said  pest  or  pests,  disease  or  dis-  I 
eases,  and  he  shall  cause  an  examination  to  be  made  at  least  once  each  year,  I 
prior  to  September  first,  of  each  and  every  nursery  or  other  place  where  trees,  j 
shrubs,  or  plants,  commonly  known  as  nursery  stock,  are  grown  for  sale,  for 
the  purpose  of  ascertaining  whether  the  trees,  shrubs,  or  plants  therein  kept 
or  propagated  for  sale  are  infected  with  any  such  contagious  disease  or  dis-  a 
eases  or  infested  with  such  pest  or  pests.  If  after  such  examination  it  is  found 
that  the  said . trees,  shrubs,  or  other  plants  so  examined  are  free  in  all  re-  3 
spects  from  any  such  contagious  or  infectious  disease  or  diseases,  dangerously  j 
injurious  pest  or  pests,  the  said  commissioner  or  his  duly  authorized  agent  or 
other  person  designated  to  make  such  examination  shall  thereupon  issue  to  the  J 
owner  or  proprietor  of  the  said  stock  thus  examined  a certificate  setting  forth  ] 
the  fact  that  the  stock  so  examined  is  apparently  free  from  any  and  all  such  dis-  > 
case  or  diseases,  pest  or  pests.  Should  any  nurseryman,  agent,  or  dealer  or 
broker  send  out  or  deliver  within  the  State  trees,  vines,  shrubs,  plants,  buds,  or 
cuttings,  commonly  known  as  nursery  stock,  and  which  are  subject  to  the  j 
attacks  of  insects  and  diseases  above  provided  for,  unless  he  has  in  his  pos-  1 
session  a copy  of  said  certificate,  dated  within  a year  thereof,  deface  or  destroy  i 
such  certificate,  or  wrongfully  be  in  possession  of  such  certificate,  he  shall  be 
guilty  of  a misdemeanor.  All  nursery  stock  consigned  for  shipment,  or  shipped  1 
by  freight,  express,  or  other  means  of  transportation,  shall  be  accompanied  j 
by  a copy  of  said  certificate  attached  to  each  car,  box,  bale,  bundle,  or  package.  '1 
Any  person  consigning  for  shipment  or  shipping  nursery  stock  as  above  without  i 
such  certificate  attached  shall  be  guilty  of  a misdemeanor.  All  transportation  j 
companies  within  this  State  receiving  or  carrying  nursery  stock  from  any  point 


NORTH  CAROLINA. 


103 


without  the  State  to  any  point  within  the  State  shall  immediately,  upon  receiv- 
ing such  consignments,  notify  the  commissioner  of  agriculture  of  the  fact  that 
such  consignment  is  in  their  possession,  giving  the  name  of  the  consignor  and 
consignee  and  the  point  of  destination  of  such  consignment.  All  trees,  plants, 
shrubs,  buds,  or  cuttings,  commonly  called  nursery  stock,  grown  in  any  nursery 
in  this  State  in  which  San  Jose  scale  has  been  found  within  two  years  of  the 
date  of  the  dissemination  of  said  nursery  stock  or  grown  in  said  nursery  within 
one-half  a mile  of  where  said  scale  was  found,  and  also  all  nursery  stock  from 
outside  of  this  State  disseminated  or  planted  in  this  State  after  the  first  day  of 
July,  nineteen  hundred  and  two,  must  be  fumigated  with  hydrocyanic  gas  in  such 
manner  as  may  be  directed  by  the  commissioner  of  agriculture  of  this  State. 
Such  fumigation  must  be  done  by  the  grower,  consignor,  or  consignee  of  such 
stock  before  planting,  dissemination,  or  reshipment,  except  such  trees,  shrubs, 
plants,  buds,  or  cuttings  grown  in  this  State  as  are  planted  by  the  grower  or 
propagator  for  himself  or  such  as  from  its  nature  or  state  of  growth  would  be 
exempt ; in  such  cases  the  said  commissioner  shall  declare  such  trees,  shrubs, 
plants,  buds,  or  cuttings  free  from  such  treatment.  All  nursery  stock  brought 
into  this  State  from  outside  of  this  State  must  be  accompanied  by  a certificate 
from  the  consignor  that  it  has  been  fumigated  as  aforesaid.  Should  any  such 
stock  arrive  without  such  certificate,  the  transportation  company  delivering  it 
shall  at  once  notify  the  said  commissioner  to  that  effect.  The  consignee  shall 
also  at  once  notify  him  of  that  fact  and  shall  proceed  to  fumigate  said  stock,  as 
directed  by  the  commissioner  of  agriculture,  without  delay.  Should  any  nursery 
stock  purchased  within  one  year  be  found  infested  with  San  Jose  scale  on  the 
premises  of  any  nurseryman,  it  shall  not  be  considered  such  an  infestation  as 
j to  require  the  fumigation  of  other  stock  not  so  purchased.  The  words  “ nur- 
sery stock,”  wherever  used  in  this  article,  shall  apply  to  and  include  all  trees, 
shrubs,  plants,  buds,  willow  grown  for  nursery,  baskets,  or  other  commercial 
purposes,  or  cuttings,  whether  grown  in  a nursery  or  elsewhere,  so  far  as  it 
| relates  to  fumigation.  The  provisions  of  this  and  the  preceding  section  shall 
not  apply  to  florists’  greenhouse  plants,  flowers,  or  cuttings,  commonly  known 
| as  greenhouse  stock,  and  no  certificate  shall  be  required  for  shipment  of  native 
• stock  collected  in  the  United  States  not  grown  in  nurseries,  nor  to  stock  so 
; shipped  into  the  State  that  its  sale  and  shipment  become  either  interstate-com- 
merce traffic  or  commerce  writh  foreign  nations.  (As  amended  by  chapter  519 
of  the  laws  of  1902. 


NORTH  CAROLINA. 

Chapter  264,  Laws  of  1897. 

An  Act  to  prevent  the  introduction  and  dissemination  of  dangerous  insect,  fungous,  and 

weed  pests  of  crops. 

The  general  assembly  of  North  Carolina  do  enact: 

Section  1.  That  for  the  purpose  of  this  act  the  State  commissioner  of  agri- 
culture, the  director  of  the  North  Carolina  agricultural  experiment  station,  and 
the  president  of  the  North  Carolina  State  horticultural  society  are  hereby  con- 
stituted a commission  for  the  extermination  of  noxious  insects,  fungous  diseases, 
and  weeds  which  are  affecting  or  may  affect  crops.  They  are  empowered  to 
elect  one  of  their  number  chairman,  and  to  adopt  rules  and  regulations  for  their 
own  government,  such  as  may  be  requisite  for  carrying  out  the  provisions  of 
this  act.  The  members  of  the  said  commission  shall  receive  no  salary,  and  shall 


104. 


LAWS  AGAINST  INJURIOUS  INSECTS. 


be  allowed  only  such  expenses  as  have  been  specifically  incurred  and  necessary 
in  attending  the  meetings  of  the  commission. 

Sec.  2.  The  members  of  the  commission  aforesaid  shall  hold  a meeting 
within  thirty  days  after  the  ratification  of  this  act,  and  shall  prepare  and  pub- 
lish a list  of  dangerous  crop  pests,  known  to  be  present  within  the  State  or 
liable  to  be  introduced,  and  may  at  any  subsequent  meeting  extend  or  amend 
said  list.  The  commission  shall  also  publish  methods  for  exterminating  such 
pests  as  they  may  deem  capable  of  being  economically  exterminated  within  the) 
boundaries  of  the  State,  and  for  repressing  such  as  can  not  be  economically 
exterminated,  and  for  preventing  the  spread  of  such  pests  within  the  State.1 
They  may  also  adopt  regulations,  not  inconsistent  with  the  laws  and  constitution) 
of  this  State  and  the  United  States,  for  preventing  the  introduction  of  dangerous 
crop  pests  from  without  the  State,  and  for  governing  common  carriers  in  trans 
porting  plants  liable  to  harbor  such  pests  to  and  from  the  State,  and  such| 
regulations  shall  have  the  force  of  laws. 

Sec.  3.  No  person,  firm,  or  corporation  shall  knowingly  and  wilfully  keepl 
upon  his  or  their  premises  any  plant  infested  by  any  dangerous  crop  pest  listed) 
and  published  as  such  by  the  said  commission,  or  permit  dangerous  weed  pest 
to  mature  seed  or  otherwise  multiply  upon  their  land  except  under  such  regu 
lations  as  the  commission  may  prescribe.  Every  such  infested  plant  and| 
premises  are  hereby  declared  a public  nuisance.  The  owner  of  such  plants  o: 
premises  shall,  when  notified  to  do  so  by  the  commission,  take  such  measures  ai 
may  be  prescribed  to  eradicate  such  pests,  and  if  such  action  is  not  taken,  or  is) 
improperly  executed  within  ten  days  after  being  so  notified,  the  commissio 
shall  cause  said  premises  to  be  freed  from  such  pests  by  the  best  availabl 
method,  and  the  cost  of  such  work  shall  be  a lien  against  such  premises,  and 
may  be  recovered,  together  with  cost  of  action,  before  any  court  in  the  State 
having  competent  jurisdiction.  Said  notice  shall  be  written  and  mailed  to  the 
usual  or  known  address,  or  left  at  the  ordinary  place  of  business  of  said  ownei 
or  bis  agent.  No  damage  shall  be  awarded  the  owner  of  such  premises  for 
entering  thereon  and  destroying  or  otherwise  treating  any  infested  plant  or  crop, 
when  done  by  the  order  of  the  commission. 

Sec.  4.  When  said  commission  has  reason  to  suspect  that  any  pest  listed  by] 
them  as  dangerous  exists  in  any  county  in  the  State,  they  shall  cause  such  sus 
picion  to  be  verified  by  a person  competent  to  determine  the  specific  identity  olj 
such  pests  of  crops,  and  if  such  suspicion  prove  founded  upon  fact,  shall  furthe 
appoint,  for  a designated  tiijie  and  duty,  a competent  person  their  agent  to  in 
spect  such  infested  premises  and  to  take  such  measures  for  treating  the  same 
the  commission  may  direct.  Any  duly  authorized  agent  of  the  commission  shal 
have  authority  to  enter  upon  and  inspect  any  premises  between  the  hours  o: 
sunrise  and  sunset  during  every  working  day  of  the  year.  Any  one  who  shall 
seek  to  prevent  such  inspection,  or  who  shall  otherwise  interfere  with  any  ageni 
of  the  commission  while  in  performance  of  bis  duties,  shall,  upon  conviction,  b< 
fined  not  less  than  $5  nor  more  than  $50  for  each  offense,  or  may  be  imprisoned 
for  not  less  than  ten  nor  more  than  thirty  days. 

Sec.  5.  For  the  purposes  of  carrying  out  the  provisions  of  this  act,  the  sum  o: 
$500  per  annum,  or  so  much  thereof  as  is  necessary,  is  hereby  appropriated,  ou 
of  any  funds  in  the  treasury  not  otherwise  appropriated,  and  shall  be  paid  by 
the  State  treasurer  upon  properly  authenticated  vouchers  signed  by  the  chair 
man  of  the  commission. 

Sec.  6.  The  said  commission  shall  report  to  the  governor,  for  transmission  t< 
the  next  general  assembly,  its  acts  and  disbursements  under  the  provisions  o 
this  act.  Such  a report,  together  with  all  such  circulars  as  may  be  issued  by  th< 


NORTH  CAROLINA. 


105 


said  commission  for  the  purposes  of  this  act,  shall  be  printed  in  editions  of  one 
thousand  copies  by  the  public  printer,  and  be  paid,  for  as  other  public  printing. 

Sec.  7.  All  laws  and  clauses  of  laws  inconsistent  with  this  act  are  hereby 
repealed. 

Sec.  8.  This  act  shall  take  effect  from  and  after  its  ratification. 

Ratified  the  5th  day  of  March,  A.  D.  1897. 


Rules  Concerning  North  Carolina  Nurseries. 

Definition  of  “ nursery  stock” — In  these  rules  * * * * the  term  “nursery 

stock  ” is  construed  to  include  all  fruit  and  nut  trees,  currant  and  gooseberry 
plants,  and  all  such  shade  and  ornamental  trees  as  shed  their  leaves  in  winter 
(i.  e.,  deciduous  trees),  whether  they  be  grown  especially  for  sale  or  taken  from 
"he  forest.  It  also  includes  all  buds,  grafts,  scions,  and  cuttings  from  same. 

It  does  not  include  palms,  ferns,  rubber  plants,  evergreens  (including  pines, 
cedars,  and  junipers),  hedge  plants,  cut  flowers,  and  such  other  plants  as  are 
commonly  known  as  florists’  stock,  whether  they  be  grown  for  sale  or  taken  from 
:he  forest.  Nor  does  it  include  wild  herbaceous  plants  which  may  be  collected 
and  sold  as  botanical  specimens  or  for  medicinal  uses. 

Exceptions . — Raspberry,  blackberry,  and  strawberry  plants,  grapevines,  rose- 
>ushes,  euonymus,  magnolias,  and  osage  orange  are  not  here  included  under  the 
:erm  “ nursery  stock,”  but  if  known  to  be  infested  with  the  San  Jose  scale  or 
)ther  similarly  serious  pests  will  be  subject  to  same  rules  as  regular  nursery 
dock  which  is  infested. 

Special  note. — Persons  within  the  State  of  North  Carolina  who  grow  plants  of 
he  kinds  named  as  “ exceptions  ” in  the  preceding  paragraph,  and  who  ship  such 
dock  into  other  States,  must  make  application  to  this  commission  to  have  their 
iremises  inspected  each  year,  for  some  other  States  prohibit  the  sale  of  such  stock 
vithin  their  borders  unless  it  has  been  inspected.  But  those  who  grow  such 
ilants  for  sale  only  in  North  Carolina  need  not  have  their  premises  inspected 
unless  this  commission  shall  so  decide. 

Definition  of  “ nursery.” — Any  place  upon  which  is  grown,  for  purposes  of 
;ale,  barter,  or  exchange,  any  of  the  plants  or  parts  thereof  which  have  been 
lefined  as  nursery  stock,  shall  be  considered  as  a nursery,  no  matter  how  few 
nay  be  the  number  of  plants.  This  does  not  include  those  who  grow  stock 
,!olely  for  their  own  use. 

Rule  1.  No  person,  firm,  or  corporation  shall  sell,  offer  for  sale,  exchange, 
\ >arter,  or  give  away  any  such  plants  or  parts  of  plants  above  described  as  nur- 

Iery  stock,  and  which  are  grown  within  the  State  of  North  Carolina,  unless  in 
tossession  of  a valid  certificate  of  inspection  previously  obtained  from  this 
f ommission. 

Rule  2.  Every  carload,  box,  bale,  package,  or  delivery  of  nursery  stock  (even 
f it  be  only  a single  tree)  which  is  sold,  exchanged,  bartered,  or  given  away  by 
>ny  person,  firm,  or  corporation  whose  place  of  business  is  in  North  Carolina, 
hall  be  accompanied  by  a valid  copy  of  the  certificate  of  inspection  plainly  and 
! ecurely  attached.  And  any  nursery  stock  being  shipped  for  delivery  which  is 
; iot  accompanied  by  such  copy  of  certificate  is  declared  to  be  a public  nuisance 
tnd  is  liable  to  be  destroyed  without  compensation  to  the  consignor.  And  no 
•gent  of  any  transportation  company  or  common  carrier  can  accept  for  trans- 
t >ortation,  within  the  State  of  North  Carolina,  any  shipment  of  stock  not  accom- 
i >anied  by  such  copy  of  certificate,  plainly  and  securely  attached. 


106 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Rule  3.  If  any  trees,  plants,  or  parts  thereof,  being  shipped  for  delivery  at 
any  point  in  North  Carolina,  whether  or  not  included  under  the  term  nursery 
stock,  and  whether  or  not  accompanied  by  a certificate  of  inspection,  are  found 
by  any  agent  of  this  commission  to  be  infested  with  living  San  Jose  scale,  such 
entire  shipment  is  declared  to  be  a public  nuisance  and  is  liable  to  destruction 
without  compensation  to  the  consignor. 

Rule  4.  Each  nursery  in  the  State  shall  be  inspected  at  least  once  each  year 
by  the  entomologist  or  his  assistants  or  other  authorized  officer,  in  order  to  de-^ 
termine  whether  insect  or  other  pests  of  such  nature  as  to  be  a serious  menace 
to  the  purchaser  are  present  on  the  stock  offered  for  sale.  If  the  stock  is  appar- 
ently free  from  such  serious  pests  and  otherwise  in  good  condition,  and  the  per- 
son, firm,  or  corporation  is  apparently  conducting  his  or  its  business  in  an  hon- 
orable manner,  a certificate  of  inspection  of  nursery  stock  shall  be  issued. 

Rule  5.  In  case  nursery  stock  in  any  nursery  in  the  State  be  found  to  be  in- 
fested with  such  pests  as  to  render  the  sale  of  the  plants  a serious  menace  to  the 
welfare  of  the  purchaser,  the  certificate  of  inspection  shall  not  be  issued  until  the 
premises  have  been  so  treated  that  the  salable  stock  to  be  covered  by  the  certificate 
shall  be  apparently  free  from  the  pest  or  pests  indicated,  and  the  treatment  to 
be  applied  shall  be  such  as  the  entomologist  or  other  officer  making  the  inspec- 
tion shall  prescribe. 

Rule  6.  When  it  is  required  that  infested  nursery  stock  shall  be  destroyed, 
fumigated,  or  otherwise  treated,  the  statement  of  the  person,  firm,  or  corporation 
that  such  treatment  has  been  given  may  be  accepted  as  evidence  that  the  require- 
ment has  been  fulfilled,  but  the  certificate  may  be  withheld  pending  investigation, 
should  the  entomologist  or  other  authorized  officer  have  reason  to  doubt  the 
thoroughness  of  the  work  done  or  the  truthfulness  of  the  statement. 

Rule  7.  All  trees,  buds,  grafts,  scions  or  cuttings  of  apple,  apricot,  cherry, 
peach,  pear,  plum,  and  quince  which  shall  be  sold,  exchanged,  bartered,  or  given 
away,  and  which  are  grown  within  the  State  of  North  Carolina,  shall  be  fumi- 
gated .with  hydrocyanic-acid  gas  shortly  before  shipment  or  delivery  in  a tight 
box  or  room  suitable  for  the  purpose,  in  accordance  with  directions  furnished 
by  the  entomologist  or  other  authorized  officer. 

Rule  8.  This  commission  reserves  the  right  to  permanently  withdraw  the  cer- 
tificate of  any  person,  firm,  or  corporation  within  the  State  of  North  Carolina 
which  shall  make  any  false  statement  concerning  treatment  of  nursery  stock, 
for  any  violation  of  the  above  rules,  for  any  false  statement  to  customers  regard^ 
ing  fumigation  of  stock,  or  for  fraudulent  practices  carried  on  through  the  use 
of  the  certificate  of  this  commission.  False  and  preposterous  claims  of  any 
kind  evidently  made  to  deceive  the  customer  may  be  considered  as  evidence  ol 
fraud. 


Rules  Governing  the  Transportation  of  Nursery  Stock  in  North  Carolina 

[Definition  of  “ nursery  stock,”  etc.,  same  as  under  preceding  heading.] 

Rule  1.  No  transportation  company  or  common  carrier  shall  deliver  to  any 
consignee  in  this  State  any  carload,  box,  bale,  package,  or  specimen  of  nursery- 
stock  unless  same  shall  have  plainly  attached  thereto  a valid  certificate  ol 
inspection  made  in  favor  of  the  consignor,  stating  that  the  premises  of  the  con 
signor  have  been  inspected  and  that  the  salable  stock  growing  thereon  was 
apparently  free  from  the  San  Jose  scale  or  other  dangerous  insect  or  contagious- 
disease  and  otherwise  in  good  condition. 

Rule  2.  If  any  nursery  stock  be  presented  to  any  transportation  company  oi 


NORTH  CAROLINA. 


107 


ommon  carrier  at  any  point  within  the  State  of  North  Carolina  or  for  delivery 
a said  State,  and  such  stock  be  not  accompanied  by  a valid  certificate  of  inspec- 
ion  plainly  and  securely  attached,  the  company  or  its  agent  shall  refuse  same 
or  transportation,  and  shall  at  once  report  the  case  to  the  entomologist,  stating 
he  name  of  the  consignor,  consignee,  and  nature  of  the  stock,  and  the  ento- 
nologist  shall  advise  as  to  the  course  to  be  followed.  Such  a shipment  is 
leclared  to  be  a public  nuisance,  and  may  be  destroyed  by  any  agent  of  this 
■ommission  or  on  his  written  order,  without  compensation  to  the  consignor. 

Rule  3.  Any  trees  or  plants  being  shipped  to  or  from  any  point  in  North 
Carolina,  whether  or  not  they  be  of  the  kinds  above  defined  as  nursery  stock, 
ind  whether  or  not  they  be  accompanied  by  a certificate  of  inspection,  are 
aereby  declared  to  be  a public  nuisance  if  found  by  any  agent  of  this  commission 
o be  infested  with  the  San  Jose  scale  or  other  dangerous  insect  or  contagious 
disease,  arid  such  stock  may  be  destroyed  by  any  agent  of  this  commission  or 
>y  his  written  order,  without  compensation  to  the  consignor. 


Rules  and  Suggestions  Applying  to  Nurseries  Outside  of  North  Carolina 
which  do  Business  in  the  State. 

Rule  1.  No  person,  firm,  or  corporation  shall  sell,  offer  for  sale,  exchange, 
'Darter,  or  give  away  within  the  State  of  North  Carolina  any  such  plants 
:tS  are  above  defined  as  nursery  stock  unless  such  person,  firm,  or  corporation 
|is  in  possession  of  a valid  certificate  of  inspection  issued  by  the  properly  au- 
liorized  officer  of  the  State  where  such  stock  is  grown,  arid  such  certificate  must 
date  that  the  premises  of  such  person,  firm,  or  corporation  have  been  inspected 
ind  that  the  growing  of  salable  stock  covered  by  the  certificate  is  apparently 
free  from  San  Jose  scale. 

Rule  2.  Every  carload,  box,  bale,  or  package  (even  if  it  be  only  of  a single 
itree)  of  nursery  stock  which  is  sent  into  the  State  of  North  Carolina  for  deliv- 
ery must  be  accompanied  by  a valid  copy  of  the  certificate  of  inspection,  which 
'■hall  be  plainly  and  securely  attached.  This  shall  be  construed  to  mean  that  a 
shipment,  no  matter  how  large,  if  sent  in  one  lot  at  one  time  and  to  one  con- 
signee, may  be  covered  by  a single  copy  of  the  certificate.  And  any  shipment  of 
nursery  stock  not  accompanied  by  such  a certificate  is  declared  to  be  a public 
nuisance  and  is  liable  to  be  destroyed  without  compensation  to  the  consignor. 

Rule.  3.  If  any  trees,  plants,  or  parts  thereof,  being  shipped  for  delivery  at 
any  point  in  North  Carolina,  whether  or  not  included  under  the  term  “ nursery 
stock,”  and  whether  or  not  accompanied  by  a certificate  of  inspection,  are 
found  by  any  agent  of  this  commission  to  be  infested  with  living  San  Jose  scale, 
such  entire  shipment  is  declared  to  be  a public  nuisance  and  is  liable  to  destruc- 
tion without  compensation  to  the  consignor. 

Rule  4.  Every  person,  firm,  or  corporation  outside  of  the  State,  and  who 
desires  to  do  business  within  the  State  of  North  Carolina,  is  required  to  file 
with  the  entomologist  a copy  of  the  certificate  of  inspection,  which  shall  be  valid 
for  the  ensuing  season,  and  upon  filing  such  certificate  with  the  entomologist 
such  person,  firm,  or  corporation  is  at  once  qualified  to  ship  nursery  stock  into 
fhe  State. 

Rule  5.  This  commission  reserves  the  right  to  forbid  transportation  companies 
or  common  carriers  from  delivering  within  the  State  of  North  Carolina  the 
stock  of  any  person,  firm,  or  corporation  if  it  has  reason  to  believe  that  the 
trade  of  such  party  is  being  fraudulently  conducted.  False  and  preposterous 
claims  evidently  made  to  deceive  the  purchaser  may  be  considered  as  evidence 
of  fraud. 


108 


LAWS  AGAINST  INJURIOUS  INSECTS. 


I 

Quarantine  against  the  Mexican  Cotton  Boll  Weevil. 

[The  following  regulation  has  been  adopted  by  the  North  Carolina  crop  pe*  j 
commission  as  a protection  against  the  Mexican  cotton  boll  weevil:] 

Section  1.  The  following  counties  in  Texas  and  parish  in  Louisiana  are  coil 
sidered  to  be  localities  infested  with  boll  weevil : In  Texas  the  counties  of  Ai  1 
derson,  Angelina,  Aransas,  Atascosa,  Austin,  Bastrop,  Bee,  Bell,  Bexar,  Blanc«l 
Bosque,  Bowie,  Bransoria,  Brazos,  Brown,  Burleson,  Burnet,  Caldwell,  Calhouil 
Cameron,  Camp,  Cass,  Chambers,  Cherokee,  Collin,  Colorado,  Comal,  ComancbJ 
Cooke,  Coryell,  Dallas,  Delta,  Denton,  Dewit,  Duval,  Eastland,  Ellis,  Eratll 
Falls,  Fannin,  Fayette,  Fort  Bend,  Franklin,  Freestone,  Galveston,  Gillespiil 
Goliad,  Gonzales,  Grayson,  Gregg,  Grimes,  Guadalupe,  Hamilton,  Hardiil 
Harris,  Harrison,  Hays,  Henderson,  Hidalgo,  Hill,  Hood,  Hopkins,  Houstoil 
Hunt,  Jack,  Jackson,  Jasper,  Jefferson,  Johnson,  Karnes,  Kaufman,  Kendall 
Lamar,  Lampasas,  Lavaca,  Lee,  Leon,  Liberty,  Limestone,  Live  Oak,  Llan<  j 
Madison,  Marion,  Matagorda,  McLennan,  McMullen,  Milan,  Mills,  Montagu<l 
Montgomery,  Morris,  Nacogdoches,  Navarro,  Newton,  Nueces,  Orange,  Pali 
Pinto,  Panola,  Parker,  Polk,  Rains,  Red  River,  Refugio,  Robertson,  Rockwall 
Rusk,  Sabine,  San  Augustine,  San  Jacinto,  San  Patricio,  San  Saba,  Shell):  J 
Smith,  Somervell,  Starr,  Stephens,  Tarrant,  Titus,  Travis,  Trinity,  Tyle  I 
Upshur,  Van  Zandt,  Victoria,  Walker,  Waller,  Washington,  Wharton,  Willian  | 
son,  Wilson,  Wise,  and  Wood.  In  Louisiana,  Sabine  Parish.  Also  all  othel 
counties  or  parishes  in  which  the  boll  weevil  shall  hereafter  be  found. 

Sec.  2.  The  introduction  into  North  Carolina  from  any  county  or  paris  ( 
where  the  cotton  boll  weevil  is  known  to  exist  (as  enumerated  in  section  1)  cl 
cotton,  cotton  seed,  cotton-seed  meal,  cotton-seed  hulls,  cotton-seed  sacks  (whicuj 
have  been  used),  and  corn  in  the  shuck,  is  absolutely  prohibited  at  all  season  i 

Sec.  3.  Except  during  the  months  of  July,  August,  and  September,  the  follow  i 
ing  articles  are  subject  to  restrictions  set  forth  in  section  2,  namely : Ha: 
straw,  sacked  wheat,  sacked  oats,  sacked  shelled  corn,  sacked  cowpeas,  an  E 
unbaled  Spanish  moss.  During  the  months  of  July,  August,  and  Septembe  » 
these  articles  are  not  restricted. 

Sec.  4.  The  following  articles  are  not  restricted  in  their  importation  int  j 
North  Carolina  at  any  time  (provided  that  none  of  the  articles  enumerated  i , 
sections  2 and  3 are  used  in  packing),  namely:  Fruit,  truck,  rice,  and  ric  l 
grain  products ; hut,  if  they  be  packed  with  such  articles  as  are  enumerated  i 4 
sections  2 and  3,  then  the  restrictions  set  forth  in  sections  2 and  3 will  apply.  I 

Sec.  5.  All  shipments  of  household  goods  into  North  Carolina  from  the  local  4 
ties  enumerated  in  section  19  are  prohibited,  unless  they  be  accompanied  by  a 
affidavit,  attached  to  the  way-bill,  to  the  effect  that  the  shipment  contains  n 
cotton,  cotton  seed,  seed  cotton,  cotton-seed  hulls,  cotton-seed  sacks,  corn  i 
the  shuck,  straw,  hay,  or  loose  Spanish  moss ; except  during  the  months  t 
July,  August,  and  September,  when  hay,  straw,  Spanish  moss,  and  shucks  ma 
be  used  in  packing. 

Sec.  6.  Shipments  of  all  such  articles  as  are  quarantined  against  in  the  for< 
going  sections,  which  are  passing  through  but  are  not  for  delivery  in  tbi 
State,  must  be  made  in  tight,  closed  box  cars. 

Sec.  7.  In  this  State  no  transportation  company  or  other  common  carrie  j 
shall  use  for  bedding  or  feed  for  live  stock  any  of  the  articles  mentioned  i 
sections  2 and  3,  except  during  the  months  of  July,  August,  and  Septembei  | 
when  hay,  straw,  wheat,  oats,  shelled  corn,  cowpeas,  shucks,  and  Spanish  mof- 
may  be  used. 

Sec.  8.  No  person,  firm,  or  corporation,  except  a duly  recognized  State  or  Fe< 
oral  entomologist,  shall  bring  into  this  State,  or  have  in  their  possession  for  an 


NORTH  DAKOTA. 


109 


urpose  whatever,  any  living  Mexican  cotton  boll  weevil  or  cotton  boll,  square, 
lant,  or  seed  containing  said  insect,  whether  in  the  adult,  egg,  larval,  or  pupal 

tate. 

Sec.  0.  This  commission  reserves  the  right  to  take  such  action  as  it  deems 
est  to  eradicate  or  control  the  Mexican  cotton  boll  weevil,  should  this  pest 
ppear  in  the  State. 

Sec.  10.  Any  person,  firm,  or  corporation,  transportation  company,  or  common 
arrier  which  shall  willfully  violate  these  regulations  shall  be  guilty  of  a misde- 
aeanor,  and  on  conviction  shall  be  punished  according  to  law.  And  any  ship- 
ment made  in  violation  of  these  regulations  is  liable  to  seizure  by  order  of  this 
ammission  or  its  agents,  and  destroyed  by  them  or  shipped  without  the  State 
> the  point  from  which  such  shipment  originated. 


NORTH  DAKOTA. 

[Law  Relating  to  Grasshoppers  (1897).] 

No.  1705.  Notice,  how  and  when  served.  Where  the  owner  of  the  land  on 
hich  said  board  shall  have  decided  plowing  must  be  done  for  the  purposes 
mrein  specified  cannot  with  reasonable  diligence  be  served  with  notice  within 
ie  State,  it  shall  be  sufficient  to  serve  the  said  notice  by  publication  thereof  for 
ro  successive  issues  in  the  official  newspaper  nearest  said  tract. 

No.  1706.  Must  plow  in  -five  days.  If  the  owner  or  incumbrancer,  if  any, 
tall  fail  to  plow  said  tract  or  tracts  as  ordered  and  directed  by  said  board  of 
mnty  commissioners  within  five  days  after  notice  as  herein  provided,  then  in 
lat  event  said  board  of  county  commissioners  shall  cause  said  tract  or  tracts 
be  plowed,  or  so  much  thereof  as  may  be  by  them  deemed  necessary,  and 
idit  and  pay  for  said  work  out  of  the  general  fund  of  said  county  upon  war- 
nt  as  in  other  cases  made  and  provided. 

No.  1707.  Expense  a lien  upon  land.  Immediately  after  the  said  accounts  are 
idited  and  paid  by  said  county  commissioners  it  shall  be  the  duty  of  the 
unty  auditor  to  certify  to  the  county  treasurer  the  amount  so  expended  upon 
ch  piece  and  parcel  of  land,  which  certificate  shall  contain  the  name  of  the 
cord  owner  or  incumbrancer  of  said  tract,  a true  description  of  said  land,  the 
aount  paid  by  the  county  for  plowing  done  thereon,  and  the  county  treasurer 
all  thereupon  enter  said  amount  against  said  land  as  taxes  are  entered 
;ainst  land,  and  the  said  amount  shall  constitute  a lien  upon  said  land  prior  to 
1 other  incumbrances,  and  shall  bear  interest  at  the  rate  of  seven  per  cent  per 
mum  from  date  of  entry  by  the  county  treasurer,  and  collection  thereof  may 
ereafter  be  made  and  enforced  in  the  same  manner  as  delinquent  taxes  are 
forced  and  collected  against  real  property. 

No.  1708.  Payment  out  of  general  fund.  When  the  board  of  county  commis- 
rners  shall  deem  the  plowing  of  State  land  necessary  for  the  purposes  herein 
ecified,  they  shall  order  the  same  done,  and  payment  therefor  may  be  made 
t of  the  general  fund  of  the  county  upon  warrant  as  in  other  cases  provided: 
ovided,  however,  That  no  growing  crops  shall  be  destroyed  under  the  pro- 
tons of  this  article:  Provided  further,  That  where  the  board  of  county  com- 
issioners  shall  deem  it  necessary  to  cause  plowing  upon  Government  land 
Id  by  resident  claimants,  or  other  means  to  cause  the  destruction  of  grass- 
ppers  and  Rocky  Mountain  locusts,  said  claimant  shall  be  liable  to  the  county 
a civil  action  for  all  moneys  necessarily  expended  in  carrying  out  the  direc- 
ms  of  the  board  of  county  commissioners  for  the  purposes  herein  specified. 


110 


LAWS  AGAINST  INJURIOUS  INSECTS. 


OHIO. 

Section  1.  The  Ohio  State  board  of  agriculture  is  hereby  empowered  uni 
directed  to  make  such  regulations  as  may  be  deemed  necessary  for  the  control  (fl 
dangerously  injurious  insect  pests  and  plant  diseases,  and  for  the  prevention  <1 
the  spread  of'  San  Jose  scale,  peach  yellows,  black  knot,  and  any  other  dangel 
ously  injurious  insect  pests  or  plant  diseases,  which  are  hereby  declared  a publil 
nuisance,  and  are  liable  to  be  transmitted  on  nursery  stock.  Said  board  is  herebl 
authorized  to  establish  a division  of  nursery  and  orchard  inspection  in  the  Ohio  d<| 
partment  of  agriculture,  and  to  appoint  a competent  entomologist  as  the  chitl 
inspector  of  said  division,  and  the  necessary  assistants,  who  shall,  under  til 
direction  of  the  board  have  charge  of  the  inspection  of  nurseries  and  orchard! 
as  hereinafter  provided;  he  may  investigate,  or  cause  to  be  investigated,  oufl 
breaks  of  dangerously  injurious  insect  pests  or  plant  diseases,  and  recommenl 
suitable  measures  to  be  taken  for  their  eradication  or  control ; he  is  empower* 
to  devise  and  test  practical  remedies  for  their  suppression,  and  publish  til 
results  of  these  investigations  and  such  other  information  as  may  be  deem* 
necessary. 

Sec.  2.  Every  nurseryman  or  other  person  in  the  State  of  Ohio  who  is  engage 
in  growing  trees,  shrubs,  plants,  and  vines  for  sale,  except  such  as  are  hereil 
after  specified,  shall  on  or  before  the  first  day  of  July  of  each  year  place  on  fij 
in  the  office  of  the  Ohio  department  of  agriculture  an  application  for  the  inspel 
tion  of  his  nursery  stock  and  premises.  Failure  to  file  such  application,  or  til 
disposal  of  uninspected  stock,  either  by  sale  or  gift,  shall  render  the  ownil 
liable  to  the  penalty  provided  for  in  section  8 of  this  act.  The  chief  inspect! 
shall  examine,  or  cause  to  be  examined,  before  September  15th  of  each  year,  J 
as  often  as  may  be  deemed  necessary  by  said  board,  the  nurseries  and  premisl 
of  all  parties  whose  applications  for  inspection  have  been  filed.  If  upon  su<| 
examination  the  nursery  stock  and  premises  appear  to  be  free  from  San  Jo< 
scale,  peach  yellows,  black  knot,  and  other  dangerously  injurious  insect  pesl 
or  plant  diseases,  a certificate  of  inspection  shall  be  given  to  the  owner  or  less! 
stating  the  facts,  and  said  certificate  shall  be  issued  before  September  15th  an 
shall  be  valid  for  one  year  from  that  date  unless  sooner  revoked  for  cause, 
any  dangerously  injurious  insect  pests  or  plant  diseases  are  found  on  nurse! 
stock  or  premises,  the  chief  inspector  shall  order  and  enforce  such  treatment  ;| 
shall  be  deemed  sufficient  before  granting  a certificate  of  inspection.  Upon  tj 
written  request  of  the  owner  or  lessee  of  any  nursery  premises  that  has  be<| 
regularly  inspected  in  accordance  with  the  provisions  of  this  section,  the  sal 
board,  through  the  chief  inspector,  may  issue  a certificate  of  fumigation,  pi] 
vided  that  all  the  requirements  of  the  said  board  have  been  complied  with,  ail 
that  the  said  fumigation  shall  be  in  accordance  with  the  directions  and  undj 
the  supervision  of  an  authorized  assistant  inspector  appointed  by  said  boar! 
The  provisions  of  this  act  shall  not  apply  to  greenhouse  plants  and  cuttin 
thereof,  bulbs,  flowers,  and  vegetable  plants. 

Sec.  3.  Every  agent,  dealer  or  any  other  person,  not  engaged  in  grown] 
trees,  shrubs,  plants,  or  vines  for  sale,  who  sells  or  delivers  such  stock,  sha 
before  delivering  the  same  annually  place  on  file  in  the  office  of  the  Ohio  depa| 
ment  of  agriculture  a statement  made  under  oath,  before  an  officer  qualified  ! 
administer  oaths  in  the  locality  where  he  may  reside,  or  if  a nonresident  of  t 
State  in  the  locality  where  the  said  stock  is  sold  or  delivered,  that  the  said  stol 
has  been  duly  inspected  and  was  received  by  him  accompanied  with  a val 
official  certificate  of  inspection  or  fumigation.  Said  statement  shall  also  desjl 
nate  the  name  of  the  grower  or  growers  from  which  such  stock  was  obtainjj 
and  the  name  of  the  owner  or  owners  of  the  certificate  or  certificates  undjl 


OHIO. 


Ill 


which  the  same  is  sold  or  delivered.  The  premises  of  any  such  person  or  per- 
sons as  aforesaid  shall  be  subject  to  inspection  and  to  such  regulations  as  may 
be  deemed  necessary  by  the  Ohio  State  board  of  agriculture  for  the  prevention 
of  the  spread  of  dangerously  injurious  insect  pests  or  plant  diseases.  Failure 
to  file  such  sworn  statement,  or  the  sale  or  delivery  of  such  stock  after  the 
certificate  under  which  it  was  bought  has  become  invalid  shall  render  the  agent 
or  dealer  liable  to  the  penalties  prescribed  in  section  8 of  this  act.  The  pro- 
visions of  this  section  shall  not  apply  to  any  person  or  persons  who  sell  or 
deliver  such  stock  from  nurseries  within  this  State  that  hold  a valid  certificate, 
which  is  provided  for  in  this  act,  if  the  said  stock  is  delivered  direct  from  the 
nursery  to  the  grower  in  the  original  package. 

. Sec.  4.  Whenever  a nurseryman,  or  any  other  person,  shall  ship,  or  deliver, 
within  this  State,  except  for  scientific  purposes,  trees,  shrubs,  plants,  or  vines, 
commonly  known  as  nursery  stock,  not  excepted  in  section  2 of  this  act,  he 
<hall  place  upon  each  carload,  box,  bale,  or  other  package,  a copy  of  certificate 
brovided  for  in  section  2 of  this  act,  and  signed  by  the  chief  inspector,  stating 
|;hat  the  said  stock  is  apparently  free  from  dangerously  injurious  insect  pests 
md  plant  diseases.  The  illegal  use  of  said  certificate,  by  changing,  defacing,  or 
□lacing  it  on  uninspected  stock,  or  using  the  same  after  the  date  of  expiration 
)r  revocation,  shall  render  the  owner  or  shipper  liable  to  the  penalties  pre- 
scribed for  a violation  of  this  act. 

Sec.  5.  Every  package  of  trees,  shrubs,  plants,  or  vines  shipped  into  this 
State  from  any  other  State,  Territory,  country,  or  province,  shall  be  plainly 
1 abelled  on  the  outside  with  the  names  of  the  consignor  and  consignee  and  a cer- 
ificate  stating  that  the  contents  have  been  inspected  or  fumigated  by  a State  or 
Government  officer,  and  that  the  trees,  shrubs,  plants,  or  vines  therein  contained 
ire  apparently  free  from  dangerously  injurious  insect  pests  and  plant  diseases, 
if  any  trees,  shrubs,  plants,  or  vines  shall  be  shipped  into  this  State  without  such 
*ertificate  plainly  affixed  on  the  outside  of  the  package,  box,  or  car  containing  the 
[same,  the  facts  must  be  reported  within  twenty-four  hours  to  the  chief  inspector, 
>r  a regularly  appointed  assistant,  by  the  railroad,  express,  or  steamboat  com- 
pany, or  by  any  other  person  or  persons  carrying  the  same,  and  it  shall  be  unlaw- 
ful to  deliver  such  property  until  it  has  been  examined  by  a regularly  appointed 
inspector,  and  by  him  certified  to  be  apparently  free  from  dangerously  injurious 

Insect  pests  and  plant  diseases.  Any  agent  or  common  carrier,  or  persons  carry- 
ng  such  property  as  aforesaid,  who  shall  fail  to  give  such  notice  as  is  hereby 

Inquired,  shall  be  deemed  guilty  of  a violation  of  this  act.  When  nursery  stock 
s shipped  into  this  State  accompanied  by  a certificate,  as  herein  provided,  it 
hall  be  held  as  pri.ma  facie  evidence  of  the  facts  therein  stated,  but  the  chief 
nspector,  when  he  has  reason  to  believe  that  any  such  stock  is  infested  or 
nfected,  as  hereinbefore  described,  is  hereby  authorized  to  cause  the  same  to  be 
•xamined.  In  case  the  same  is  found  to  be  infested  or  infected  by  dangerously 
njurious  insect  pests  or  plant  diseases,  it  shall  be  seized  and  the  shipper  shall 
>e  immediately  notified,  and  after  ten  days  from  such  seizure  it  may  be  declared 
t public  nuisance  and  destroyed. 

Sec.  6.  Upon  the  petition  of  any  freeholder  or  lessee  within  the  State  of  Ohio, 
he  chief  inspector  may  cause  to  be  examined  any  trees,  shrubs,  plants,  or  vines, 
■ither  on  the  premises  of  said  petitioner,  or  in  dangerous  proximity  thereto,  as  to 
he  presence  of  dangerously  injurious  insect  pests  or  plant  diseases,  and  shall  by 
limself,  or  through  his  assistants,  have  the  right,  within  reaonable  hours,  to 
nter  upon  any  premises  in  the  prosecution  of  the  duties  defined  in  this  act.  If 
he  examination  discloses  the  presence  of  San  Jose  scale,  peach  yellows,  black 
'mot,  or  any  other  dangerously  injurious  insect  pests  or  plant  diseases,  the  chief 
nspector  shall  notify  the  owner  or  lessee  of  the  premises  in  writing  of  the  facts 


112 


LAWS  AGAINST  INJURIOUS  INSECTS. 


by  mailing  such  notice  to  his  usual  post-office  address.  He  shall  also  state  ttu 
limit  of  time  within  which  treatment  must  be  applied  by  the  owner  or  lessee,  ii 
accordance  with  the  directions  issued  by  the  Ohio  State  board  of  agriculture,  anc 
specify  such  trees,  shrubs,  plants,  or  vines  as  must  be  destroyed,  also  when  thej 
shall  be  declared  a public  nuisance,  provided  the  aforesaid  orders  are  not  com 
plied  with.  Should  the  owner  fail  to  apply  the  treatment  required  in  said  notic< 
in  a satisfactory  manner,  and  within  the  time  specified,  such  treatment  may  b« 
carried  out  under  the  direction  of  the  chief  inspector,  and  the  entire  cost  of  sucl 
treatment  shall  be  certified  to  the  county  auditor  of  the  county  in  which  tin 
property  is  located,  and  the  same  shall  become  a lien  on  the  premises  and  shal 
be  collected  by  the  county  treasurer  as  other  taxes,  and  when  collected  shall  b( 
paid  to  the  Ohio  State  board  of  agriculture.  The  owner  of  any  premises  a* 
hereinbefore  mentioned  shall,  in  addition,  be  deemed  guilty  of  a violation  02 
this  act,  by  reason  of  failure  to  comply  with  the  requirements  of  said  notice  anc 
shall  be  liable  to  the  penalty  provided. 

Sec.  7.  Whenever  the  chief  inspector,  or  any  duly  appointed  assistant  in 
spector,  shall  order  any  trees,  shrubs,  plants,  or  vines  growing  in  this  State,  oi 
any  nursery  stock  that  has  been  shipped  in  from  outside  the  State,  to  be  de 
stroyed,  and  the  owner  shall  fail,  for  ten  days  after  notice  of  such  order,  tc 
destroy  the  same,  as  directed  by  such  order,  such  failure  shall  be  deemed  s 
demand  on  the  part  of  the  owner  to  have  judicially  determined  the  right  tc 
enforce  such  destruction,  and  shall  act  as  a stay  upon  the  proceedings  until  suet 
judicial  determination  shall  be  had ; and,  in  such  case,  the  chief  inspector,  01 
any  duly  appointed  assistant  inspector,  shall  commence,  without  delay,  an  actior 
in  the  probate  court  of  the  county  in  which  the  trees,  shrubs,  plants,  or  vines,  01 
nursery  stock  are  located,  by  filing  an  affidavit  therein,  setting  forth  that  the 
trees,  shrubs,  plants,  or  vines,  or  nursery  stock  are  infested  or  infected  with 
dangerously  injurious  insect  pests  or  plant  diseases,  a description  of  the  prem 
ises  whereon  the  same  are  located,  the  name  of  the  owner  or  lessee  of  such 
premises,  and  of  all  persons  having  an  interest  in  such  premises  or  trees,  shrubs 
plants,  or  vines,  and,  if  the  same  are  nursery  stock,  the  name  of  the  person! 
firm,  or  corporation  in  whose  possession  the  same  are  found,  and  that  ten  days* 
have  elapsed  since  orders  have  been  made  for  the  destruction  of  the  same,  and| 
that  such  orders  have  not  been  obeyed.  Upon  such  affidavit  being  filed  the  pro-B 
bate  judge  shall  issue  a summons  for  all  persons  named  in  such  affidavit,  whicbB 
shall  contain  a copy  of  said  affidavit,  commanding  them  to  appear  at  a tirncB 
to  be  fixed  therein,  not  exceeding  five  days  from  the  date  thereof,  to  answeiB 
such  complaint ; such  summons  shall  be  directed  to,  and  served  by,  the  sheriff!! 
of  the  county,  and  may  be  served  by  him  in  any  county  in  this  State,  and  shall  t 
be  served  and  returned,  as  directed  by  said  probate  court.  At  the  time  fixed! 
in  such  summons,  if  the  jury  be  not  waived,  said  court  shall  order  a jury  tc  % 
be  drawn,  and  such  jury  shall  be  drawn,  summoned,  and  impaneled,  as  in  otherjl 
civil  cases  in  probate  courts,  and  the  State  of  Ohio  shall  be  plaintiff  and  theB 
persons  named  in  the  affidavit  shall  be  defendants,  and  no  pleadings  other  than! 
such  affidavit  shall  be  required,  and  the  issue  shall  be  whether  said  trees,  shrubs.ll 
plants,  or  vines,  or  nursery  stock  are  infested  or  infected  with  dangerously)! 
injurious  insect  pests  or  plant  diseases,  and  all  proceedings  shall  be  had  in  the 
trial  of  such  complaint  as  are  provided  for  the  trial  of  civil  cases  in  probate  ! 
courts.  If  the  jury  shall  find  that  the  orders  for  the  destruction  of  the  trees.ij 
shrubs,  plants,  or  vines,  or  nursery  stock,  shall  be  obeyed,  it  shall  return  a ver- 
dict finding  the  issues  with  the  plaintiff,  but  if  it  should  fail  to  so  find,  it  shall 
return  a verdict  finding  the  issues  with  the  defendant,  or  defendants;  and  if 
the  issues  are  found  with  the  plaintiff,  the  court  shall  enter  judgment  against 
the  defendant,  or  defendants,  for  costs,  and  cause  execution  to  be  issued  there- 


OHIO. 


113 


i?or,  and  shall  issue  an  order  to  the  chief  inspector,  or  assistant  inspector,  to 
Enforce  the  orders  by  him  made;  but  if  the  issues  are  found  with  the  defend- 
Imt,  or  defendants,  the  action  shall  be  dismissed  and  the  orders  for  destruction 
mnulled,  and  the  costs  shall  be  ordered  paid  by  the  Ohio  State  board  of  agricul- 
ture, and  paid  by  it  out  of  any  funds  appropriated  for  carrying  out  this  act.  In 
J:he  matter  of  taxing  and  apportioning  costs,  the  court  shall  have  the  same 
equity  powers  as  are  now  conferred  upon  courts  of  common  pleas, 
if  Sec.  8.  Any  owner  or  lessee  who  shall  fail,  neglect,  or  refuse  to  treat  infested 
pr  infected  trees,  shrubs,  plants,  or  vines  within  the  time,  and  in  the  manner, 
jbrescribed  in  said  notice,  and  any  person  who  shall  be  ordered  to  destroy  any 
itrees,  shrubs,  plants,  or  vines,  or  nursery  stock,  and  shall  fail,  neglect,  or  refuse 
[to  destroy  the  same,  as  ordered,  within  ten  days  after  the  probate  court  shall 
jhave  issued  its  order  to  the  chief  inspector  or  assistant  inspector,  to  enforce  the 
j:>rders  by  him  made,  and  any  person  who  shall  fail,  neglect,  or  refuse  to  com- 
ply with,  or  obey,  any  order  made  pursuant  to  the  provisions  of  this  act,  or  who 
shall  fail,  neglect,  or  refuse  to  comply  with  any  of  the  requirements  or  provi- 
sions hereof,  or  who  shall  violate  or  neglect  to  carry  out,  or  offer  any  hindrance 
to  the  carrying  out  of  any  of  the  provisions  of  this  act,  shall  be  adjudged 
guilty  of  a misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less 
ichan  ten  dollars  or  more  than  one  hundred  dollars  for  the  first  offense ; and 
not  less  than  fifty  dollars  or  more  than  three  hundred  dollars  for  any  subse- 
quent offense,  and  the  cost  of  prosecution,  and  stand  committed  until  the  same 
are  paid.  It  shall  be  the  duty  of  the  prosecuting  attorney  of  the  county  to  con- 
luct  all  prosecutions  under  this  act,  and  all  fines  recovered  shall  be  paid  to  the 
3hio  State  board  of  agriculture.  The  probate  court  of  each  county  in  this  State 
shall  have  original  and  final  jurisdiction  in  all  the  prosecutions  under  any  of 
the  provisions  of  this  act,  and,  for  the  trial  of  the  same,  such  courts  shall  always 
be  open  regardless  of  the  terms  fixed  in  said  courts  for  the  trial  of  criminal 
cases,  and  the  complainant  shall  not  be  required  to  give  security  for  costs. 

Sec.  9.  The  Ohio  State  board  of  agriculture  shall  make  an  annual  report  to 
the  governor  of  the  State  concerning  the  operations  of  the  division  of  nursery 
and  orchard  inspection,  which  shall  give  the  number  of  nurseries  inspected,  the 
number  of  certificates  issued,  the  number  of  trees  treated  and  destroyed  by 
the  direction  of  the  chief  inspector,  and  such  other  information  as  may  be 
leemed  necessary. 

Sec.  10.  Said  act  passed  May  10,  1902,  entitled  “An  act  to  amend  an  act  passed 
A.pril  14,  1900,  entitled  ‘An  act  to  prevent  the  introduction  and  spread  of  the 
San  Jose  scale  and  other  dangerous  insects  and  dangerously  contagious  dis- 
jeases  affecting  trees,  shrubs,  vines,  plants,  and  fruits,’  ” is  hereby  repealed ; 
and  that  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


Regulations  of  the  Ohio  Department  of  Agriculture  Concerning  the 
Inspection,  Certification,  and  Fumigation  of  Nursery  Stock. 

In  compliance  with  the  nursery  and  orchard  inspection  law  of  Ohio,  all  appli- 
cations for  nursery  inspection  must  be  placed  on  file  in  this  office  on  or  before 
July  1 of  each  year. 

As  the  law  exempts  “ greenhouse  plants  and  cuttings  thereof,  bulbs,  flowers, 
and  vegetable  plants  ” from  inspection,  no  certificates  on  stock  of  this  character 
will  be  issued  unless  the  cost  of  inspection  is  paid  by  the  owner. 


7418— No.  61  m 8 


114 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Certificates  of  inspection  will  not  be  issued  covering  the  stock  or  the  premise 
upon  which  nursery  stock  is  grown,  if  any  of  the  insect  pests  or  plant  disease 
named  in  the  above-mentioned  act  are  found  to  be  present  thereon,  until  al 
infested  or  infected  trees,  shrubs,  plants,  and  vines  have  been  treated  as  pr€ 
scribed  by  the  division  of  nursery  and  orchard  inspection  of  the  Ohio  depart 
ment  of  agriculture.  If  San  Jose  scale  or  peach  yellows  are  found,  the  affecte; 
trees,  shrubs,  plants,  and  vines  must  be  destroyed,  and,  as  an  additional  prt 
caution,  if  San  Jose  scale  is  found  in  the  nursery  or  in  dangerous  proximit; 
thereto,  fumigation  of  the  stock  will  be  required.  Said  fumigation  will  be  con 
ducted  under  the  direction  of  . an  assistant  inspector. 

After  certificates  of  inspection  have  been  granted  should  any  trees,  shrubs 
plants,  or  vines  be  found  to  be  infected  by  crown  gall  or  other  dangerous  plan 
disease  or  diseases,  or  infested  with  insects  affecting  the  roots,  the  same  mus 
be  burned  by  the  nurserymen,  and  failure  to  comply  with  this  regulation  may  b 
deemed  sufficient  cause  for  the  revocation  of  said  certificates. 

Applications  for  certificates  of  fumigation  must  be  made  on  special  blanks 
wThich  will  be  furnished  on  request.  Such  certificates  will  be  granted  after  th 
regular  nursery  inspection  has  been  made  and  the  requirements  of  the  divisioil 
of  nursery  and  orchard  inspection  have  been  complied  with,  and  in  all  cases  thfj 
stock  will  be  fumigated  under  the  immediate  supervision  of  an  assistanl 
inspector,  as  is  required  by  law. 

All  potassium  cyanide  for  fumigating  purposes  will  be  furnished  through  thil 
office  at  cost,  put  up  in  charges  ready  for  use.  Fumigating  houses  should  bl 
thoroughly  repaired  before  the  inspection  is  made. 

For  the  convenience  of  nurserymen  doing  business  in  other  States,  duplicate 
certificates  will  be  issued  on  request  and  sent  to  the  official  inspectors  in  th> 
States  where  such  are  required  to  be  filed. 

Nurserymen  and  growers  are  cautioned  to  allow  no  stock  to  be  sent  out  fronB 
their  grounds  unless  accompanied  with  copies  of  their  certificates  for  the  curia 
rent  year,  as  provided  by  law. 


OKLAHOMA. 

An  Act  relating  to  insects  and  diseases  which  are  injurious  to  growing  crops,  nurser;B 
stock,  fruit  or  shade  trees,  bushes,  shrubbery  and  vines,  grains,  fruits,  and  vegetables® 
providing  for  the  establishment  and  maintenance  of  quarantine  regulations  for  the  pur* 
pose  of  preventing  the  introduction  and  dissemination  of  same,  for  the  inspection  o| 
nurseries  and  the  regulation  of  nursery  agents,  prescribing  penalties  for  the  violatioi* 
of  such  provisions,  and  for  other  purposes.  ■ 

Be  it  enacted  by  the  legislative  assembly  of  the  Territory  of  Oklahoma: 
Section  1.  That  it  shall  be  unlawful  for  any  person,  firm,  or  corporation  t<I 
sell  or  offer  to  sell  any  nursery  stock,  fruit  trees,  bushes,  or  vines  or  any  fruits  fi 
grains,  seeds,  or  vegetables,  for  the  purpose  of  planting  or  otherwise,  if  the  samiJ 
are  infested  with  injurious  insects  or  infected  with  contagious  plant  diseases.  I 
Sec.  2.  It  shall  be  the  duty  of  the  board  of  agriculture  to  prevent  the  intro  n 
duction  and  dissemination  of  injurious  insect  pests  and  contagious  plant  dis;  j 
eases,  whether  said  injurious  insects  or  plant  diseases  are  known  to  exist  ii  fl 
this  Territory  or  elsewhere,  and  for  this  purpose  the  board  of  agriculture  ii 1 
hereby  authorized  and  empowered  to  establish,  maintain,  and  enforce  such  quar 
antine  rules  and  regulations  as  may  be  deemed  necessary  to  prevent  the  importa 
tion  or  exportation  of  diseased  or  infested  nursery  stock,  fruits,  grains,  seeds  \ 
or  vegetables. 

Sec.  3.  When  the  said  board  of  agriculture  shall  have  formulated  and  adoptee  f 


OKLAHOMA. 


115 


ie  quarantine  rules  and  regulations  as  provided  in  section  two  (2)  of  this  act 
le  governor  of  the  Territory  of  Oklahoma,  when  advised  and  requested  by 
ae  said  board  of  agriculture,  shall  issue  a proclamation  setting  forth  and  pro- 
laiming  the  orders,  rules,  and  regulations  so  prescribed  by  said  board  of  agri- 
nlture  and  declaring  the  same  to  be  in  force  and  in  effect,  and  the  issuance  of 
lid  proclamation  shall  be  due  and  public  notice  of  its  provisions,  and  no  fur- 
ler  notice  or  publication  of  the  same  shall  be  necessary. 

Sec.  4.  Each  nursery  located  in  the  Territory  of  Oklahoma  in  which  fruit 
r shade  trees,  bushes  and  vines,  or  ornamental  shrubbery  are  grown  for 
ale,  shall,  at  least  once  each  year  during  the  growing  season,  be  sub- 
act to  inspection  by  a competent  entomologist  acting  under  the  direction  of 
tie  board  of  agriculture,  and  if  it  shall  appear  from  the  report  of  the 
aid  entomologist  that  such  nursery  stock  is  free  from  infestation  by  injurious 
isect  pests  and  from  infection  by  contagious  plant  diseases  the  said  board  of 
griculture  shall  issue  to  the  person  or  persons  owning  or  operating  such  nurs- 
;ry  a certificate  to  that  effect.  If  it  shall  appear  from  the  report  of  said  ento- 
lologist  that,  upon  careful  examination,  such  nursery  stock  has  been  found 
h be  infested  with  injurious  insect  pests  or  infected  with  contagious  plant 
iseases,  it  shall  be  the  duty  of  the  said  board  of  agriculture  to  prohibit  the  sale 
r planting  such  nursery  stock  in  the  Territory  of  Oklahoma  until  said  nursery 
tock  shall  have  been  properly  dipped,  fumigated,  sprayed,  or  otherwise  disin- 
^cted  as  directed  by  said  board  of  agriculture.  It  shall  furthermore  be  the 
uty  of  the  board  of  agriculture  to  require  the  owner  or  owners  of  each  nursery 
icated  in  Oklahoma  to  send  out  a copy  of  said  certificate  with  each  shipment 
f nursery  stock  which  has  been  sold  to  be  planted  in  Oklahoma : Provided,  That 
here  shall  be  paid  by  the  owner  or  operator  of  such  nursery  a fee  as  herein- 
fter  provided,  together  with  necessary  traveling  expenses  incurred  in  making 
ach  inspection : Provided  further,  That  the  entomologist  or  assistant  entomolo- 
ist  of  the  Oklahoma  agricultural  experiment  station  shall  be  detailed  for  serv- 
•e  as  inspector  of  nurseries  when  not  inconsistent  with  the  performance  of 
is  regular  duties. 

Sec.  5.  The  importation,  transportation,  and  sale  of  fruits,  grains,  seeds,  or 
egetables  which  may  be  infested  with  injurious  insect  pests  or  infected  with 
ontagious  plant  diseases  or  containing  seeds  of  any  noxious  or  injurious  plants 
hall  be  subject  to  such  quarantine  regulations  as  may  be  prescribed  and  estab- 
shed  by  the  board  of  agriculture,  acting  under  the  authority  and  power  granted 
l sections  two  (2)  and  three  (3)  of  this  act. 

Sec.  6.  Any  person,  firm,  or  corporation  which  owns  or  operates  a nursery  in 
ny  other  State  or  Territory,  and  which  desires  to  sell  from  the  same,  either 
irectly  or  indirectly,  or  by  agent,  any  trees,  vines,  bushes,  or  other  nursery 
|tock  within  the  limits  of  the  Territory  of  Oklahoma,  shall  first  procure  a per- 
fit  from  the  board  of  agriculture  authorizing  such  nursery,  or  its  duly  consti- 
tuted representatives,  to  do  business  in  the  Territory.  As  conditions  precedent 
p the  issuance  of  such  permit  the  board  of  agriculture  shall  require  a certifi- 
ate  of  inspection  from  a competent  entomologist,  duly  authorized  to  act  as  an 
ispector  in  the  State  or  Territory  where  such  nursery  is  owned  and  operated, 
nd  the  board  of  agriculture  may,  furthermore,  require  such  references  and  evi- 
ences  of  integrity  as  may  seem  to  be  necessary  to  establish  the  responsibility 
nd  good  faith  of  the  applicant. 

Sec.  7.  The  board  of  agriculture  shall  be  and  hereby  is  duly  authorized  to 
equire  that  any  or  all  nursery  stock  which  is  shipped  into  Oklahoma  from  any 
ther  State  or  Territory  shall  be  accompanied  by  a duplicate  of  certificate  of 
ursery  inspection  which  may  be  required  by  law  in  such  State  or  Territory, 


116 


LAWS  AGAINST  INJURIOUS  INSECTS. 


and  said  board  of  agriculture  may  furthermore  require  that  any  or  all  nurser.'B 
stock  shipped  in  from  any  other  State  or  Territory  shall  be  subject  to  reinspecl 
tion ; and  if  upon  such  reinspection  it  shall  be  found  that  such  nursery  stoclB 
is  infested  with  injurious  insect  pests  or  infected  with  contagious  plant  dis  I 
eases,  it  shall  be  the  duty  of  said  board  of  agriculture  to  prohibit  the  sale,  de  I 
livery,  or  planting  of  such  nursery  stock  within  the  limits  of  the  Territory  o i 
Oklahoma  until  the  same  shall  have  been  dipped,  fumigated,  sprayed,  or  other  I 
wise  disinfected  as  directed  by  said  board  of  agriculture ; and  it  shall  be  unlaw  I 
ful  for  any  nursery  agent  or  the  agent  of  any  common  carrier  to  deliver  anj  ; 
nursery  stock  which  may  have  been  shipped  in  from  any  other  State  or  Terri  1 
tory  until  the  same  shall  have  been  inspected  or  released  as  directed  by  saiol 
board  or  its  duly  authorized  inspectors  at  the  discretion  of  said  board. 

Sec.  8.  Any  person  who,  acting  as  agent  or  solicitor  within  the  limits  of  th<  j 
Territory  of  Oklahoma,  sells,  or  offers  to  sell,  trees  or  any  other  nursery  stocm 
for  any  person,  firm,  or  corporation  which  may  be  engaged  in  the  nursery  busi  I 
ness  shall  be  required  to  carry  a letter  or  certificate  from  his  principal,  setting! 
forth  the  fact  that  he  is  duly  authorized  to  represent  such  nursery  and  that 
guarantee  is  made  that  any  written  contract  entered  into  by  him  as  agent  wil 
be  fulfilled  if  the  same  is  accepted  by  said  nursery  and  unless  notification  t(  i 
the  contrary  be  made  in  writing  to  the  purchaser  within  thirty  days  after  suet  I 
order  or  contract  is  made.  In  addition  to  the  foregoing,  each  agent  or  solicitoi 
who  sells  or  offers  to  sell  trees  or  other  nursery  stock  that  may  have  beer  I 
grown  in  any  other  State  or  Territory  shall  be  required  to  procure  and  carrj 
a duplicate  of  the  permit  issued  to  his  principal. 

Sec.  9.  It  shall  be  unlawful  to  wilfully  misrepresent  nursery  stock  whicn  is 
offered  for  sale  or  refuse  to  state  where  the  same  was  propagated  or  the  man  < 
ner  of  propagation,  or  to  sell,  offer  for  sale,  or  deliver  nursery  stock  which  is 
untrue  to  name,  or  to  sell  seeds  which  have  been  adulterated  or  seeds  whiet 
by  reason  of  age  have  become  deficient  in  vitality  and  germinating  power,  oi 
containing  seeds  of  any  noxious  or  injurious  plants. 

Sec.  10.  The  violation  of  the  provisions  of  any  of  the  foregoing  sections  ol 
this  act  shall  be  deemed  a misdemeanor,  punishable  by  fine  of  not  less  than 
fifty  dollars  nor  more  than  three  hundred  dollars  and  in  addition  any  person, 
firm,  or  corporation  engaged  in  the  nursery  business  or  any  nursery  agent  oi 
solicitor  who  violates  the  provisions  of  section  nine  (9)  of  this  act  shall  forfeit 
the  right  to  do  business  in  the  territory  which  may  be  held  by  such  party  or 
parties  and  such  agent  or  solicitor  shall  be  disqualified  to  receive  a permit  to 
act  as  agent  for  any  other  nursery  which  operates  in  the  territory. 

Sec.  11.  The  board  of  agriculture  shall  collect  as  a fee  for  issuing  a permit  tc 
nurseries  to  do  business  in  the  Territory,  as  provided  in  section  six  (6)  of  this 
act,  the  sum  of  five  dollars  and,  as  a fee  for  each  agent’s  duplicate  of  such  per- 
mit, the  further  sum  of  one  dollar.  It  shall  be  the  duty  of  the  board  of  agri- 
culture to  regulate  the  amount  of  nursery  inspection  fees,  and  the  fees  for 
reinspection  of  the  nursery  stock  that  is  shipped  in  from  any  other  State  or 
Territory,  apportion  traveling  expenses  of  inspector  ahd  collect  the  same  before 
issuing  certificates  of  inspection.  All  moneys  so  received  shall  be  paid  over  to 
the  treasurer  of  the  said  board,  to  be  placed  in  separate  fund,  which  shall  be 
known  as  the  inspection  fund,  to  be  used  at  the  discretion  of  said  board,  and 
said  board  shall  render  an  annual  report  to  the  governor,  giving  a detailed 
statement  of  all  receipts  and  expenditures  under  the  provisions  of  this  section. 

Sec.  12.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Sec.  13.  This  act  shall  take  effect  and  be  in  force  from  and  after  May  1st, 
1905. 

Approved  March  13,  1905. 


OKLAHOMA. 


117 


■ 

Rules  and  Regulations  Concerning  Nursery  Stock. 

The  following  insects  and  fungus  diseases  are  considered  injurious  and  are 
ereby  declared  to  constitute  infestation  or  infection  when  found  on  trees, 
lants,  or  other  nursery  stock  or  seeds : 

1.  San  Jose  scale  ( Aspidiotus  perniciosus) . 

2.  The  new  peach  scale  ( Diaspis  amygdali) . 

When  found  in  a nursery  all  infested  stock  to  be  burned. 

If  San  Jose  scale  is  found  in  the  immediate  neighborhood,  all  stock  must  be 
umigated  or  certificate  will  be  withheld. 

3.  Black  knot  ( Plowrightia  morbosa). 

4.  Crown  gall  ( Dendrophagus  globosus). 

When  found  in  a nursery  all  diseased  stock  to  be  destroyed,  otherwise  stock 
aay  not  be  shipped. 

5.  Peach  yellows. 

6.  Peach  and  plum  rosette. 

All  infested  trees  and  nursery  stock  to  be  destroyed. 

7.  Wooly  aphis  ( ScMzoneura  lanigera). 

All  badly  diseased  stock  to  be  destroyed ; other  stock  to  be  fumigated  or 
reated  with  kerosene  emulsion  as  directed. 

8.  Peach  tree  borer. 

9.  The  Mexican  cotton  boll  weevil  ( Anthonomus  grandis). 

Rule  1.  All  nursery  stock  shipped  into  this  Territory  from  any  other  State  or 
Territory  shall  be  plainly  labeled  or  tagged  with  a copy  of  the  certificate  of  in- 
spection, signed  by  the  State  entomologist  or  duly  authorized  official  of  the  State 
>r  Territory  in  which  such  nursery  stock  shall  have  been  grown,  duly  certified 
>ver  the  fac  simile  signature  of  the  secretary  of  the  board  of  agriculture.  All 
•onsignments  of  nursery  stock  not  so  labeled  or  tagged  shall  be  liable  to  seiz- 
ire  and  confiscation  by  the  duly  authorized  entomologist  or  inspector  of  the 
)oard  of  agriculture. 

Rule  2.  The  inspector  and  his  assistants  shall  have  authority  to  inspect 
my  shipment  of  nursery  stock  at  any  station  in  this  Territory,  and  shall  have 
authority  to  stop  any  nursery  stock  when  in  transit,  for  the  purpose  of  inspect- 
ing the  same,  regardless  of  whether  such  stock  shall  bear  a certificate  of  in- 
spection or  not.  The  inspector  shall  have  authority  to  seize,  condemn,  and 
destroy  any  nursery  stock  infested  with  San  Jose  scale  or  other  seriously  in- 
jurious insect  or  disease  found  within  the  confines  of  this  Territory. 

Rule  3.  Each  and  every  person,  firm,  or  corporation  growing  nursery  stock 
for  sale  in  this  Territory  shall  apply  to  the  secretary  of  the  board  of  agricul- 
ture for  inspection  on  or  before  June  1st  of  each  year.  It  shall  be  the  duty  of 
the  secretary  to  cause  inspection  of  such  nursery  not  later  than  September  1st. 
If  upon  such  inspection  the  nursery  stock  and  premises  be  found  apparently 
free  from  San  Jose  scale  and  other  seriously  injurious  insects  and  plant 
diseases,  a certificate  shall  be  given  to  that  effect.  On  and  after  July  1st, 
1905,  a copy  of  said  certificate,  bearing  the  facsimile  signature  of  the  secretary, 
.shall  be  attached  to  each  and  every  box,  bundle,  and  package  of  nursery  stock 
shipped  within  this  Territory.  Shipments  of  nursery  stock  not  so  labeled  shall 
be  refused  if  found  in  transit  or  in  the  possession  of  any  common  carrier  by 
the  entomologist  or  his  assistants,  shall  be  liable  to  confiscation  and  destruction. 

Rule  4.  Transportation  companies  and  their  agents  shall  immediately  notify 
the  secretary  of  the  board  of  agriculture  (Guthrie,  Oklahoma)  when,  by  over- 
sight, negligence,  or  otherwise,  any  shipment  of  nursery  stock  without  a proper 
certificate  attached  shall  arrive  at  any  station  in  this  Territory,  and  it  shall 


118 


LAWS  AGAINST  INJURIOUS  INSECTS. 


be  the  duty  of  the  secretary  to  proceed  as  speedily  as  possible,  by  himself  o 
a duly  authorized  inspector,  to  investigate  and  dispose  of  such  shipment. 

Rule  5.  The  inspector  of  the  board  of  agriculture  shall  have  power  to  requir 
any  nurseryman  in  the  Territory  to  fumigate  his  trees,  shrubs,  or  plants  wit! 
hydrocyanic  acid  gas  or  other  substance  when,  in  his  judgment,  such  treatmenl 
is  necessary  or  advisable  for  the  proper  protection  of  the  agricultural  or  horti 
cultural  interests  of  the  Territory  or  any  section  thereof. 

Rule  6.  In  addition  to  fruit  trees  the  following  shall  be  classed  as  nurser; 
stock  if  offered  for  sale  and  shall  be  subject  to  the  regulations  governing  tb 
inspection  and  transportation  of  the  same : Strawberry  plants,  vines,  ornamenta 
trees  and  shrubs,  and  field-grown  roses. 

Rule  7.  All  nursery  stock  grown  in  States  or  Territories  where  there  is  n. 
nursery-inspection  law  shall  be  inspected  by  the  entomologist  of  the  board  o 
agriculture  before  the  same  can  be  delivered  to  the  consignee. 

Rule  8.  All  fees  for  inspection  shall  be  determined  upon  a basis  of  the  actua 
cost  of  the  same. 

Rule  9.  Tags  or  labels  for  use  as  prescribed  in  rules  1 and  3 may  be  procurer 
from  the  secretary  of  the  board  of  agriculture  at  actual  cost,  the  prices  beinj 
as  follows,  to  wit : Seventy-five  cents  for  the  first  hundred  and  30  cents  for  eacl 
additional  hundred,  postpaid,  or,  in  larger  lots,  by  express  at  purchaser’s  ex 
pense,  per  500,  $1.75 ; per  1,000,  $2.50 ; cash  to  accompany  order  in  all  cases. 


Rules  and  Regulations  Concerning  Cotton  Seed. 

Rule  1.  For  the  purpose  of  preventing  the  introduction  of  the  Mexican  cottoi 
boll  weevil  into  the  Territory  of  Oklahoma  from  the  State  of  Texas,  where  tb 
same  is  now  known  to  exist,  a rigid  quarantine  is  hereby  declared  against  tb 
following  counties  in  the  State  of  Texas,  to  wit,  Anderson,  Angelina,  Aransas 
Atascosa,  Austin,  Bastrop,  Bee,  Bell,  Bexar,  Blanco,  Bosque,  Bowie,  Brazos 
Brazoria,  Brown',  Burleson,  Burnet,  Caldwell,  Calhoun,  Cameron,  Camp,  Cass; 
Chambers,  Cherokee,  Collin,  Colorado,  Comal,  Comanche,  Cooke,  Coryell,  Dallas: 
Delta,  Denton,  Dewitt,  Duval,  Eastland,  Ellis,  Erath,  Falls,  Fannin,  Fayette 
Fort  Bend,  Franklin,  Freestone,  Galveston,  Gillespie,  Goliad,  Gonzales,  Grayson 
Gregg,  Grimes,  Guadalupe,  Hamilton,  Hardin,  Harris,  Harrison,  Hays,  Hender 
son,  Hidalgo,  Hill,  Hood,  Hopkins,  Houston,  Hunt,  Jack,  Jackson,  Jasper 
Jefferson,  Johnson,  Karnes,  Kaufman,  Kent,  Lamar,  Lampasas,  Lavaca,  Lee 
Leon,  Liberty,  Limestone,  Live  Oak,  Llano,  Madison,  Matagorda,  Marion 
McLennan,  McMullen,  Milam,  Mills,  Montgomery,  Morris,  Nacogdoches,  Navarro 
Nueces,  Newton,  Orange,  Palo  Pinto,  Panola,  Parker,  Polk,  Rains,  Red  River 
Refugio,  Robertson,  Rockwell,  Rusk,  Sabine,  San  Augustine,  San  Jacinto,  Sai 
Patricio,  San  Saba,  Shelby,  Smith,  Somervell,  Starr,  Stephens,  Tarrant,  Titus 
Travis,  Trinity,  Tyler,  Upshur,  Van  Zandt,  Victoria,  Waller,  Walker,  Washington 
Wharton,  Williamson,  Wilson,  Wise,  Wood,  and  also  against  the  following 
parishes  in  Louisiana,  Sabine,  Vernon,  Calcasieu,  and  De  Soto,  as  well  a> 
against  all  other  counties  of  Texas  or  parishes  of  Louisiana  where  the  saic 
Mexican  boll  weevil  may  be  known  to  exist ; and  in  order  to  prevent  the  intro 
duction  into  the  Territory  of  Oklahoma  of  the  said  Mexican  boll  weevil  it  b 
hereby  declared : 

Rule  2.  That  no  cotton  seed,  cotton-seed  hulls,  seed  cotton,  and  cotton-seec 
sacks  (which  have  been  used),  cotton  pickers’  sacks,  corn  in  the  shuck,  unsack® 
corn,  unsacked  oats,  unsacked  wheat,  unsacked  oats,  and  unsacked  cowpeas  shal 


OREGON. 


119 


it  any  time  be  brought  into  the  Territory  of  Oklahoma  from  the  infested  counties 
>f  Texas  or  parishes  of  Louisiana. 

Rule  3.  That  the  following  commodities  are  not  restricted  at  any  time,  pro- 
ided  no  quarantined  articles  are  used  in  packing:  Fruit,  truck,  rice,  and  rice- 
jrain  products. 

Rule  4.  That  all  shipments  of  household  goods  from  infested  areas  shall  be 
>rohibited,  unless  accompanied  by  an  affidavit,  attached  to  the  waybill,  to  the 
effect  that  the  shipment  contains  no  cotton,  cotton  seed,  seed  cotton,  cotton-seed 
mils,  and  cotton-seed  sacks,  cotton-pickers’  sacks,  corn  in  the  shuck,  hay,  straw, 
>r  loose  Spanish  moss,  either  as  packing  or  in  any  other  way,  unless  the  ship- 
nent  be  made  during  the  months  of  July,  August,  and  September,  when  hay, 
draw,  corn  shucks,  or  Spanish  moss  may  be  used  for  packing.  Such  shipments 
nay,  however,  be  subject  to  inspection  at  the  discretion  of  the  entomologist  of 
the  board  of  agriculture. 

Rule  5.  That  through  shipments  of  quarantined  articles  shall  be  made  in 
tightly  closed  box  cars  and  shall  not  be  unloaded  while  in  transit  through  the 
Territory. 

Rule  6.  That  shipments  of  baled  cotton  into  Oklahoma  shall  be  made  in 
tightly  closed  box  cars. 

Rule  7.  That  no  common  carrier  shall  use  for  bedding  or  feed  for  live  stock 
any  of  the  quarantined  articles,  except  during  July,  August,  and  September, 
when  hay,  straw,  Spanish  moss,  or  corn  shucks  may  be  used. 

Rule  8.  That  the  quarantine  hereby  declared  may  from  time  to  time  be  ex- 
tended so  as  to  include  other  counties  of  the  State  of  Texas  or  parishes  of 
Louisiana. 

Rule  9.  That  no  person  or  persons,  except  a duly  recognized  entomologist, 
shall  bring  or  cause  to  be  brought  into  the  Territory,  by  mail,  express,  or  other- 
wise, any  living  specimens  of  the  Mexican  cotton  boll  weevil  in  any  of  its  forms 
of  development  or  egg  state. 

Rule  10.  All  railroads,  express  companies,  and  other  companies  and  other 
common  carriers,  and  all  private  vehicles,  etc.,  entering  the  Territory  of  Okla- 
homa from  the  States  of  Texas  or  Louisiana,  or  passing  through  the  Territory 
of  Oklahoma  from  any  of  the  infested  districts  of  the  State  of  Texas  or  Louisi- 
ana are  especially  enjoined  to  comply  with  the  requirements  of  this  order  and 
of  the  laws  of  the  Territory  of  Oklahoma  governing  the  same. 


OREGON. 

Laws  of  1899. 

An  Act  to  amend  an  act  entitled  “An  act  to  create  a State  board  of  horticulture  and 
appropriate  money  therefor,  approved  February  25,  1889,  and  an  act  amendatory 
thereof,  entitled  ‘An  act  to  amend  an  act  entitled  an  act  to  create  a State  board  of 
horticulture  and  appropriate  money  therefor,’  approved  February  25,  1889,  approved 
February  21,  1891,  and  to  protect . the  horticultural  industry  in  Oregon,  and  an  act 
amendatory  thereof,  entitled  an  act  to  amend  an  act  entitled  ‘An  act  to  create  a State 
hoard  of  horticulture  and  appropriate  money  therefor,’  approved  February  25,  1889, 
and  an  act  amendatory  thereof,  entitled  an  act  to  amend  an  act  entitled  ‘An  act  to 
create  a State  board  of  horticulture  and  appropriate  money  therefor,  approved  Feb- 
ruary 25,  1889,’  approved  February  21,  1891,  and  to  protect  the  horticultural  industry 
in  Oregon,”  approved  February  23,  1895. 

Be  it  enacted  by  the  legislative  assembly  of  the  State  of  Oregon : 

****** 

Sec.  2.  The  members  shall  reside  in  the  districts  for  which  they  are  respec- 
tively appointed.  They  shall  be  selected  with  reference  to  their  knowledge  of 


120 


LAWS  AGAINST  INJURIOUS  INSECTS. 


and  practical  experience  in  horticulture  and  the  industries  connected  therewith  . 
and  shall  be  engaged  in  practical  horticulture  during  their  incumbency  of  th^ 
office  of  commissioner.  They  shall  hold  office  for  the  term  of  four  years,  ancj  I 
until  their  successors  are  appointed  and  have  qualified,  unless  removed  by  the]1 
appointing  board  for  failure  to  perform  their  duties.  It  shall  be  the  duty  of  the 
president  to  visit  at  least  once  a year  every  district,  and  examine  the  orchards] 
nurseries,  and  work  of  the  district  commissioners,  and  ascertain  whether  or  noi 
the  law  and  regulations  of  the  board  are  being  properly  executed.  He  musl 
personally  inspect  most  of  the  orchards  during  the  fruit-growing  season,  see ; 
that  the  regulations  of  the  board  regarding  spraying  are  being  faithfully  exei  j 
cuted  wherever  insects,  pests,  or  disease  injurious  to  tree  or  fruit  are  to  be 
found.  He  must  visit  the  principal  fruit-shipping  points  during  the  shipping 
season,  inspect  the  fruit  shipped,  and  prevent  the  shipment  of  insect  and  pest 
infested  fruit.  He  shall  give  notice  through  the  public  press  one  week  in 
advance  of  his  visit  to  each  county,  giving  the  time  and  place  of  his  visit  ■ 
where  he  shall  receive  complaints  of  fruit  growers,  and  distribute  to  them 
printed  and  oral  instructions  regarding  destruction  of  pests,  and  other  informal 
tion,  including  proper  methods  of  handling,  packing,  and  shipping  fruits.  It; 
shall  also  be  his  duty  to  visit,  when  possible,  if  requested  by  an  association  or  a 
number  of  fruit  growers,  the  meetings  of  such  associations  of  fruit  growers] 
and  aid  them  in  the  organization  of  proper  associations  beneficial  to  the  growing 
and  marketing  of  fruits.  The  president  shall  preside  at  all  meetings  of  the 
board,  and  may  call  special  meetings  whenever  an  emergency  may  require  it. 
He  shall  make  an  annual  report  to  the  appointing  board  of  the  general  condi-i 
tion  of  the  fruit  interests  of  the  State  and  success  of  the  commissioners  in  the' 
work  of  exterminating  pests  and  executing  the  law. 

Sec.  15.  Inasmuch  as  the  provisions  of  this  act  are  of  immediate  importance] 
to  the  horticultural  interests  of  this  State,  this  law  shall  take  effect  from  and) 
after  its  approval  by  the  governor. 

Approved  February  17,  1899. 

An  Act  to  protect  the  fruit  and  hop  industry  of  Oregon. 

Be  it  enacted  by  the  legislative  assembly  of  the  State  of  Oregon: 

Section  1.  It  shall  hereafter  be  unlawful  for  any  person,  firm,  or  corporation,  >j 
owning  or  operating  any  nursery,  fruit  orchard  of  any  kind,  hopyards,  flower* 
gardens,  or  ornamental  trees  to  throw  any  cuttings  or  prunings  from  any  fruiti 
trees,  nursery  stock,  ornamental  trees,  or  hop  vines  into  any  public  road,  high-1 
way,  lane,  field,  or  other  inclosure,  or  into  any  water  course  of  any  kind ; but 
shall  destroy  such  cuttings  or  prunings  with  fire  within  thirty  days  from  thel 
time  such  cuttings  or  prunings  are  made. 

Sec.  2.  It  shall  hereafter  be  the  duty  of  any  person,  firm,  or  corporation! 
owning  or  operating  any  such  nursery,  fruit  orchard,  hopyard,  flower  garden,  or 
ornamental  trees,  and  knowing  such  to  be  infected  with  any  kind  of  insects,! 
pests,  or  disease,  to  immediately  spray  or  destroy  the  same  in  such  manner  as 
the  fruit  commissioner  for  his  district  may  direct. 

Sec.  3.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation  doing  business  i 
in  the  State  of  Oregon  to  sell  Paris  green,  arsenic,  London  purple,  sulphur,  or 
any  spray  material  or  compound  for  spraying  purposes  in  quantities  exceeding  i 
one  pound  without  providing  with  each  package  sold  a certificate,  duly  signed 
by  the  seller  thereof,  guaranteeing  the  quality  and  per  cent  of  purity  of  said 
materials. 

Sec.  4.  Any  person,  firm,  or  corporation  selling  any  of  the  above  materials, 
which  do  not  conform  with  the  certificate  furnished  therewith  shall  be  deemed? 


OREGON. 


121 


uilty  of  a misdemeanor,  and  upon  conviction  thereof  shall  be  subject  to  a fine 
f not  less  than  twenty-five  ($25)  dollars  nor  more  than  one  hundred  ($100) 
jollars. 

| Sec.  5.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation  to  import 
Jr  sell  any  infested  or  diseased  fruit  of  any  kind  in  the  State  of  Oregon. 

1 Sec.  6.  Every  person  who  packs  or  prepares  for  shipment  to  any  point  without 
Ibe  State,  or  who  delivers  or  causes  to  be  delivered  to  any  express  agent  or 
ailroad  agent  or  other  person,  or  to  any  transportation  company  or  corporation 
lor  shipment  to  any  point  without  the  State  any  fruit  or  fruits,  either  fresh, 
ured,  or  dried,  that  is  infected  with  insects,  pests,  or  diseases  injurious  to  trees, 
hrubs,  plants,  fruits,  or  vegetables  is  guilty  of  a misdemeanor. 

^ Sec.  7.  Any  person,  firm,  or  corporation  violating  any  of  the  provisions  of 
i his  act  shall  be  deemed  guilty  of  a misdemeanor,  and,  upon  conviction  thereof, 
I hall  be  punished  by  a fine  of  not  less  than  twenty-five  ($25)  dollars  nor  more 

I han  one  hundred  ($100)  dollars. 

I I Sec.  8.  It  shall  be  the  duty  of  the  commissioner  of  the  State  board  of  horti- 
julture  of  the  district  in  which  a violation  of  this  act  occurs  to  present  the 

Ividence  of  the  case  to  the  district  attorney,  whose  duty  it  shall  be  to  prosecute 
jny  person  guilty  of  a violation  of  this  act,  which  prosecution  may  be  brought 
ila  any  of  the  justice  courts  of  this  State. 

I Sec.  9.  Inasmuch  as  the  horticultural  interests  of  this  State  demand  imme- 
diate attention,  this  act  shall  be  in  full  force  and  effect  from  and  after  its 
jpproval  by  the  governor. 

Approved  . 


Quarantine  Regulations. 

; Rule  1.  All  consignees,  agents,  or  other  persons  shall,  within  twenty-four 
ours,  notify  the  quarantine  officer  of  the  State  board  of  horticulture,  or  a duly 
commissioned  quarantine  guardian,  of  the  arrival  of  any  trees,  plants,  buds,  or 
Scions  at  the  quarantine  station  in  the  district  of  final  destination. 

Rule  2.  All  trees,  plants,  cuttings,  grafts,  buds,  or  scions  imported  or  brought 
|ato  the  State  from  any  foreign  country,  or  from  any  of  the  States  or  Territo- 
ies,  are  hereby  required  to  be  inspected  upon  arrival  at  the  quarantine  station 
a the  district  of  final  destination ; and  if  such  nursery  stock,  trees,  plants,  cut- 
ings,  grafts,  buds,  or  scions  are  found  to  be  free  of  insect  pests  and  fungous 
iseases,  the  said  quarantine  officer  or  duly  commissioned  quarantine  guardian 
'hall  issue  a certificate  to  that  effect;  and,  furthermore,  if  any  of  said  trees, 
lants,  cuttings,  grafts,  buds,  or  scions  are  found  infested  with  insect  pests, 
ungi,  blight,  or  other  diseases  injurious  to  fruit  or  to  fruit  trees,  or  other  trees 
r plants,  they  shall  be  disinfected  and  remain  in  quarantine  until  the  quaran- 
ine  officer  of  the  State  board  of  horticulture  or  the  duly  commissioned  quaran- 
ine  guardian  can  determine  whether  the  said  trees,  plants,  cuttings,  grafts, 
uds,  or  scions  are  free  from  live  injurious  insect  pests,  or  their  eggs,  larvae, 
r pupae,  or  fungous  diseases,  before  they  can  be  offered  for  sale,  gift,  distribu- 
ion,  or  transportation.  All  persons  or  companies  are  hereby  prohibited  from 
arrying  any  trees,  plants,  cuttings,  grafts,  buds,  or  scions  from  without  the 
>tate  to  any  point  within  the  State  beyond  the  nearest  point  on  its  line  or 
ourse  to  the  quarantine  station  in  the  district  of  ultimate  destination,  or  from 
ny  point  within  the  State  to  any  point  therein,  until  such  trees,  plants,  cuttings, 
;rafts,  buds,  or  scions  have  been  duly  inspected,  and,  if  required,  disinfected  as 
lereinbefore  provided ; and  all  such  shipments  must  be  accompanied  by  the 
•roper  certificate  of  the  inspecting  officer:  Provided,  however,  That  after  such 


122 


LAWS  AGAINST  INJURIOUS  INSECTS. 


persons  or  company  have  given  the  proper  officer  four  days’  notice,  he  or  the 
shall  not  be  required  to  hold  such  shipments  further  without  directions  fro] 
such  officer. 

Rule  3.  All  peach,  nectarine,  apricot,  plum,  or  almond  trees,  and  all  oth< 
trees  budded  or  grafted  upon  peach  stocks  or  roots,  all  peach  or  other  pits,  an 
all  peach,  nectarine,  apricot,  plum,  or  almond  cuttings,  buds,  or  scions,  raised  c 
grown  in  a district  where  the  “peach  yellows”  or  the  “peach  rosette”  ai 
known  to  exist,  are  hereby  prohibited  from  being  imported  into  or  planted  c 
offered  for  sale,  gift,  or  distribution  within  the  State  of  Oregon. 

Rule  4.  All  trees,  plants,  cuttings,  grafts,  buds,  scions,  seeds,  or  pits  arriviu 
from  any  foreign  country  found  infested  with  insect  pests  or  their  eggs,  larva 
or  pupae,  or  with  fungi,  or  other  disease  or  diseases  hitherto  unknown’ in  thi 
State,  are  hereby  prohibited  from  landing. 

Rule  5.  Fruit  of  any  kind  grown  in  any  foreign  country,  or  in  any  of  th 
States  or  Territories,  found  infested  with  any  insect  or  insects,  or  with  an 
fungi,  blight,  or  other  disease  or  diseases  injurious  to  fruit  or  fruit  trees,  or  t 
other  trees  or  plants,  is  hereby  prohibited  from  being  offered  for  sale,  gift,  o 
distribution  within  the  State. 

Rule  6.  Any  boxes,  packages,  packing  material,  and  the  like  infested  wit 
insect  or  insects,  or  their  eggs,  larvae,  or  pupae,  or  by  any  fungi,  blight,  or  othe 
disease  or  diseases  known  to  be  injurious  to  fruit  or  to  fruit  trees,  or  to  othe 
trees  or  plants,  and  liable  to  spread  contagion,  are  hereby  prohibited  from  beinl 
offered  for  sale,  gift,  distribution,  or  transportation  until  said  material  has  beej 
disinfected  by  dipping  it  in  boiling  water  and  allowing  it  to  remain  in  sai. 
boiling  water  not  less  than  two  minutes;  such  boiling  water  used  as  such  disin 
fectant  to  contain,  in  solution,  one  pound  of  concentrated  potash  to  each  an< 
every  ten  gallons  of  water. 

Rule  7.  All  trees,  plants,  grafts,  cuttings,  buds,  or  scions  may  be  disinfecte. 
by  dipping  in  a solution  of  three-fourths  of  a pound  of  whale-oil  soap  (eight; 
per  cent)  to  each  and  every  gallon  of  water;  said  whale-oil  soap  solution  shal 
be  kept  at  a temperature  of  100  to  150  degrees.  Said  trees,  plants,  cuttings 
grafts,  buds,  or  scions  shall  remain  in  said  solution  not  less  than  two  minuted 
After  said  trees,  plants,  cuttings,  grafts,  buds,  or  scions  have  been  disinfected 
they  shall  remain  in  quarantine  fourteen  days,  unless  otherwise  directed  by  thi 
inspecting  officer,  for  subsequent  inspection,  and  if  deemed  necessary  by  thl 
quarantine  officer  of  the  State  board  of  horticulture,  or  a duly  commissioned 
quarantine  guardian,  for  further  disinfection. 

Rule  8.  All  trees,  plants,  cuttings,  grafts,  buds,  or  scions  may  be  disinfecteJ 
by  fumigation  with  hydrocyanic  acid  gas,  as  follows:  Said  trees,  plants,  cut] 
tings,  grafts,  buds,  or  scions  shall  be  covered  with  an  air-tight  tent  or  box,  anJ 
for  each  and  every  100  cubic  feet  of  space  therein  one  ounce  of  (C.  P.)  cyanidl 
of  potassium  (ninety-eight  per  cent),  one  fluid  ounce  of  sulphuric  acid,  and  two] 
fluid  ounces  of  water  shall  be  used.  The  cyanide  of  potassium  shall  be  placed 
in  an  earthenware  vessel,  the  water  poured  over  the  said  cyanide  of  potassium! 
afterward  adding  the  sulphuric  acid,  and  the  tent  or  box  to  be  immediatelj 
closed  tightly  and  allowed  to  remain  closed  for  not  less  than  forty  minutes! 
After  said  trees,  plants,  cuttings,  grafts,  or  scions  have  been  treated  with  hydro! 
cyanic  acid  gas  as  above  directed,  they  shall  remain  in  quarantine  for  fourteerjl 
days,  unless  otherwise  directed  by  the  inspecting  officer,  for  subsequent  inspect 
tion,  and  if  deemed  necessary  by  a member  of  the  State  board  of  horticulture 
or  the  quarantine  officer  of  said  board,  or  a duly  commissioned  quarantine;  j 
guardian,  for  subsequent  disinfection. 

Rule  9.  All  trees,  plants,  cuttings,  grafts,  buds,  or  scions  imported  or  brought! 


OREGON. 


123 


ito  the  State  shall  be  inspected  upon  arrival  at  the  quarantine  station  in  the 
istrict  of  final  destination,  and  if  found  infested  with  any  injurious  insects 
r diseases  which  can  not  be  destroyed  by  the  remedies  required  in  rules  7 and 
)f  of  these  regulations,  are  hereby  prohibited  from  being  planted  or  offered  for 
u lie,  gift,  or  distribution  and  shall  be  proceeded  against  as  a nuisance. 

0 Rule  10.  If  any  person  or  persons  having  in  their  possession  trees,  plants, 
u jttings,  grafts,  buds,  scions,  seeds,  or  pits  infested  with  an  insect  or  insects, 

0 r with  any  fungi,  blight,  or  other  disease  or  diseases  injurious  to  fruit  trees, 
r to  any  other  trees  or  plants,  shall  refuse  or  neglect  to  disinfect  the  said  trees, 
[lants,  cuttings,  grafts,  buds,  scions,  seeds,  or  pits,  as  is  required  by  rules  7 and 

of  these  regulations,  after  having  been  notified  to  do  so  by  a member  of  the 
tate  board  of  horticulture,  the  quarantine  officer  of  said  board,  or  a duly 
mimissioned  quarantine  guardian,  the  said  trees,  plants,  cuttings,  grafts,  buds, 
I,  fions,  seeds,  or  pits  shall  be  declared  a public  nuisance  and  shall  be  proceeded 

1 gainst  as  provided  by  law. 

Rule  11.  Animals  known  as  flying  fox,  Australian  or  English  wild  rabbits,  or 
ther  animals  or  birds  detrimental  to  fruit  or  fruit  trees,  plants,  etc.,  are  pro- 
fited from  being  brought  or  landed  in  this  State,  and,  if  landed,  shall  be 
[estroyed. 

Rule  12.  Quarantine  stations : For  the  first  district,  comprising  the  counties 
f Multnomah,  Clackamas,  Yamhill,  Washington,  Columbia,  Clatsop,  and  Tilla- 
100k,  shall  be  Portland.  W.  K.  Newell,  quarantine  officer,  or  any  member  of 
ae  board  or  the  secretary  thereof.  For  the  second  district,  comprising  the 
ounties  of  Marion,  Polk,  Benton,  Linn,  Lincoln,  and  Lane,  shall  be  Salem.  L.  T. 
Reynolds,  quarantine  officer,  or  any  member  of  the  board  or  the  secretary 
hereof.  For  the  third  district,  comprising  the  counties  of  Josephine,  Coos, 
'urry,  Douglas,  Jackson,  Lake,  and  Klamath,  shall  be  Ashland.  A.  H.  Carson, 
uarantine  officer,  or  any  member  of  the  board  or  the  secretary  thereof.  For 
he  fourth  district,  comprising  the  counties  of  Morrow,  Wasco,  Gilliam,  Crook, 
nd  Sherman,  shall  be  The  Dalles.  Emile  Schanno,  quarantine  officer,  or  any 
lember  of  the  board  or  the  secretary  thereof.  For  the  fifth  district,  comprising 
he  counties  of  Umatilla,  Union,  Baker,  Wallowa,  Malheur,  Grant,  and  Harney, 
hall  be  Milton  and  Pendleton.  Judd  Geer,  quarantine  officer,  or  any  member 
f the  board  or  the  secretary  thereof.  At  all  stations  such  other  quarantine 
fficers  as  may  be  from  time  to  time  appointed  by  the  board,  notice  whereof 
.'ill  be  given,  and  complete  lists  of  whom  may  be  obtained  from  the  secretary 
r any  member  of  the  board. 

Rule  13.  Importers  or  owners  of  nursery  stock,  trees  or  cuttings,  grafts,  buds, 
r scions,  desiring  to  have  such  nursery  stock,  trees,  plants,  cuttings,  grafts, 
aids,  or  scions  inspected  at  points  other  than  regular  quarantine  stations,  may 
lave  such  inspection  done  where  required : Provided,  however,  That  such  im- 
lorters  shall  pay  all  charges  of  inspection ; such  charges  and  expenses  to  be  paid 
tefore  a certificate  is  granted.  Transportation  companies  or  persons  and  con- 
ignees  or  agents  shall  deliver  and  cause  to  be  detained  all  nursery  stock,  trees, 
>lants,  and  fruit  at  one  or  the  other  of  the  quarantine  stations,  for  inspection, 
ts  provided  by  the  rules  and  regulations  of  the  board. 

Rule  14.  The  fee  for  the  inspection  of  apple,  pear,  plum,  peach,  nectarine, 
>rune,  cherry,  apricot,  nut-bearing  trees,  and  all  other  trees,  shrubs,  or  plants, 
shall  be  as  follows:  Thirty  cents  per  hour,  including  the  time  from  leaving 

Iiome,  inspection,  and  return  home  of  the  inspector,  and  actual  traveling  and 
>ther  expenses.  On  all  fruits  the  fee  for  inspection  shall  be  $1.00  on  any  sum 
ip  to  $35.00,  and  $2.00  on  any  sum  over  that  amount,  and  $5.00  for  carload  lots. 
Rule  15.  All  persons  growing  nursery  stock,  trees,  and  plants  for  sale,  or  to 


124 


LAWS  AGAINST  INJURIOUS  INSECTS. 


be  offered  for  sale,  are  hereby  required  to  report  to  the  commissioner  of  the  di 
trict  in  which  said  nursery  stock,  trees,  or  plants  are  grown,  for  inspection  du 
ing  the  months  of  September,  October,  or  November  of  each  and  every  yeai 
and  the  commissioner  of  such  district,  or  his  duly  appointed  deputy,  shall  ii 
spect  such  nursery  stock,  trees,  or  plants  prior  to  shipment  and  delivery.  Whe 
said  nursery  stock,  trees,  or  plants  are  found  by  said  inspecting  officer  to  1 
worthy  of  a certificate,  setting  forth  the  freedom  of  such  nursery  stock,  trees,  c 
plants  from  live,  injurious  insect  pests,  their  eggs,  larvse,  pupje,  or  fungoi 
disease,  the  said  inspecting  officer  shall  then  issue  to  the  owner  or  owners  of  sai 
nursery  stock,  trees,  or  plants  a certificate  of  inspection.  The  condition  und( 
which  this  certificate  is  granted  is,  that  the  party  or  parties  receiving  such  ce 
tificate  shall  be  compelled  to  disinfect  by  fumigation  with  hydrocyanic-acid  ga 
as  described  in  rule  8,  all  pear  and  apple  trees,  or  other  stock  grown  on  appl 
roots,  after  lifting  the  same  and  before  delivery  to  purchaser  or  carriers ; an< 
in  case  such  fumigation  is  neglected,  said  certificate  of  inspection  shall  be  voi 
and  of  no  effect. 

Passed  at  a meeting  of  the  State  board  of  horticulture  at  Portland,  Oregoi 
April  3,  1895,  and  amended  at  a regular  meeting  of  the  State  board  of  horticu 
ture  at  Salem,  Oregon,  October  15,  A.  D.  1895. 


Law  of  1905. 

An  Act  to  provide  for  the  appointment  of  county  fruit  inspectors  and  to  amend  sectiori 

4178  and  4185  of  the  Codes  and  Statutes  of  Oregon  as  compiled  and  annotated  b 

Charles  B.  Bellinger  and  William  W.  Cotton. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  upon  a petition  of  not  less  than  twenty-five  residents  and  frui 
growers  of  any  county  in  this  State  the  county  court  of  said  county  shall  appoip 
a county  inspector  whose  duty  it  shall  be  to  inspect  the  apple  and  other  frui 
orchards  of  said  county  and  to  enforce  the  laws  now  in  force  and  that  may  b1 
hereafter  in  force  in  this  State  applicable  to  the  fruit  industry  and  to  the  growi 
ing,  handling,  and  selling  of  fruit,  fruit  trees,  and  other  nursery  stock : Pra 
vided,  That  the  inspector  so  to  be  appointed  shall  be  recommended  and  certified 
to  be  competent  for  such  position  by  the  State  district  commissioner  of  the  Statl 
board  of  horticulture  for  the  said  county,  and  said  county  inspector  shall  holw 
his  office  during  the  pleasure  of  said  county  court. 

Sec.  2.  It  shall  be  the  duty  of  the  State  district  commissioner  to  instruct  and 
educate  the  county  inspectors  as  to  the  laws  and  quarantine  regulations  of  thil 
State  and  the  rules  and  regulations  of  the  State  board  of  horticulture. 

The  county  inspector  shall  perform  his  duties  under  the  general  supervision! 
of  the  State  district  commissioner  for  said  county,  to  whom  he  shall  maka 
reports  in  the  manner  prescribed  by  the  State  board  of  horticulture. 

Sec.  3.  Such  county  inspector  shall  be  paid  for  his  services  by  the  said  countvj 
a sum  not  exceeding  $3  per  day  and  pay  his  own  personal  expenses  for  each  and 
every  day  actually  employed  in  the  performance  of  his  duties  as  herein  pro! 
vided,  and  the  said  county  inspector  shall  report  monthly  to  the  said  State  dis 
trict  commissioner  the  time  for  which  he  is  entitled  to  pay  during  the  montl 
next  preceding  and  the  said  State  district  commissioner  shall  certify  the  samd 
to  the  county  court  before  such  compensation  shall  be  paid  to  said  county 
inspector. 

Sec.  4.  If  any  county  for  any  reason  fails  to  appoint  a county  inspector  at 
herein  provided,  then  the  inspector  of  any  adjacent  county  may  perform  sucl 


OREGON. 


125 


•vices,  and  his  compensation  and  the  necessary  expenses  incurred  in  the  per- 
:mance  of  his  duty  shall  be  charged  against  the  county  where  the  service  is 
rformed,  as  if  he  had  been  appointed  by  the  county  court  of  said  county. 

Sec.  5.  The  State  district  commissioner  of  horticulture  shall  hear  and 
Dmptly  decide  all  appeals  from  the  county  inspectors  in  his  district,  and  his 
cision  shall  have  full  force  and  effect  until  set  aside  by  the  courts  of  the  State. 
All  appeals  from  county  inspectors  to  the  district  commissioners  shall  be 
Ider  the  form  and  regulations  as  prescribed  by  the  State  board  of  horticulture. 
I Sec.  6.  That  section  4178  of  the  Codes  and  Statutes  of  Oregon,  as  compiled 
id  annotated  by  C.  B.  Bellinger  and  William  W.  Cotton,  be,  and  the  same  is 
Ireby,  amended  to  read  as  follows : 

|Sec.  4178.  Said  board  shall  employ  without  their  number  a secretary,  who 
ijall  exercise  the  powers  and  discharge  the  duties  conferred  upon  him  by  this 
It,  and  whose  compensation  shall  not  exceed  $100  per  month,  to  be  paid  in  the 
(me  manner  as  other  State  officers.  Said  board  shall  also  elect  from  their  own 
limber  a treasurer.  Before  entering  upon  the  discharge  of  his  duties  each 
lumber  of  the  board  shall  make  and  subscribe  an  oath  to  support  the  Constitu- 
hn  of  the  United  States  and  of  the  State  of  Oregon,  and  to  diligently,  faith- 
illy,  and  impartially  discharge  the  duties  of  his  office,  which  said  oaths  shall 
; filed  with  the  secretary.  The  secretary  shall  make  and  subscribe  a like 
th,  which  shall  be  filed  with  the  treasurer  of  the  board. 

! Sec.  7.  That  section  4185  of  the  Codes  and  Statutes  of  Oregon,  as  compiled 
id  annotated  by  C.  B.  Bellinger  and  William  W.  Cotton,  be  and  the  same  is 
|;reby  amended  to  read  as  follows  : 

s Sec.  4185.  It  shall  be  the  duty  of  the  several  members  of  the  board  and  of 


e secretary  or  the  county  inspectors  under  their  direction,  whenever  they 


Jiall  deem  it  necessary,  to  cause  an  inspection  to  be  made  of  any  orchards, 
irseries,  trees,  plants,  vegetables,  vines,  or  any  fruit-packing  house,  storeroom, 
lesroom,  or  any  other  place  within  their  districts,  and,  if  found  infested  with 
ly  pests,  disease,  or  fungous  growth  injurious  to  fruits,  plants,  vegetables, 
iees,  or  vines,  or  with  their  eggs  or  larvae,  liable  to  spread  to  other  places  or 
calities,  or  of  such  nature  as  to  be  a public  danger,  they  shall  notify  the 
ivner  or  owners,  or  persons  in  charge  of  or  in  possession  of  such  articles', 
iiings,  or  places,  that  the  same  are  so  infested,  and  shall  require  said  persons 
> eradicate  or  destroy  said*  insects  or  pests  or  their  eggs  or  larvae  or  to  treat 
ich  contagious  diseases  within  a certain  time  to  be  specified  in  said  notice, 
lid  notices  may  be  served  upon  the  person  or  persons,  or  any  of  them,  owning, 
living  charge,  or  having  possession  of  such  infested  place,  article,  or  thing,  by 
ly  member  of  the  board  or  by  the  secretary  thereof  or  by  any  person  deputed 
7 the  said  board  for  that  purpose,  or  they  may  be  served  in  the  same  manner 
3 a summons  in  an  action  at  law.  Such  notice  shall  contain  directions  for  the 
^plication  of  some  treatment  approved  by  the  commissioners  for  the  eradication 
• destruction  of  said  pests  or  the  eggs  or  larvse  thereof,  or  the  treatment  of 
ontagious  diseases  or  fungous  growths.  Any  and  all  such  places,  orchards, 
arseries,  trees,  plants,  shrubs,  vegetables,  vines,  fruit,  or  articles  thus  infested 
re  hereby  declared  to  be  a public  nuisance ; and  whenever  any  such  nuisance 
aall  exist  at  any  place  in  the  State  on  the  property  of  any  owner  or  owners 
pon  whom  or  upon  the  person  in  charge  or  possession  of  whose  property  notice 
as  been  served  as  aforesaid,  and  who  shall  have  failed  or  refused  to  abate  the 
line  within  the  time  specified  in  such  notice,  or  in  the  property  of  any  non- 
*sident  or  any  property  not  in  the  possession  of  any  person  and  the  owner  or 
wners  of  which  can  not  be  found  by  the  resident  member  of  the  board  or  the 
ecretary  or  county  inspector  after  diligent  search  within  the  district,  it 


126 


LAWS  AGAINST  INJURIOUS  INSECTS. 


shall  be  the  duty  of  the  board  or  the  member  thereof  in  whose  district  sa; 
nuisance  shall  exist,  or  the  secretary  or  county  inspector  under  his  or  the 
directions,  to  cause  such  nuisance  to  be  at  once  abated  by  eradicating  or  destro; 
ing  said  insects  or  pests,  or  their  eggs  or  larvae,  or  by  treating  or  disinfectit 
or  destroying  the  infested  or  diseased  articles.  The  expense  thereof  shall  he 
county  charge,  and  the  county  court  shall  allow  and  pay  the  same  out  of  tl 
general  fund  of  the  county.  Any  and  all  sums  so  paid  shall  be  and  become 
lien  on  the  property  and  premises  from  which  said  nuisance  shall  have  be( 
removed  or  abated  in  pursuance  of  this  act,  and  may  he  recovered  by  a su 
in  equity  against  such  property  or  premises,  which  suit  to  foreclose  such  lier 
shall  be  brought  in  the  circuit  court  of  the  county  where  the  premises  ai 
situate  by  the  district  attorney  in  the  name  and  for  the  benefit  of  the  count 
making  such  payment  or  payments. 

The  proceedings  in  such  cases  shall  be  governed  by  the  same  rules,  as  far  £ 
may  be  applicable,  as  suits  to  foreclose  mechanics’  liens,  and  the  property  sha 
be  sold  under  the  order  of  the  court  and  the  proceeds  applied  in  like  manne: 
The  board  is  hereby  invested  with  the  power  to  cause  such  nuisance  to  be  abate 
in  a summary  manner. 


PENNSYLYANIA. 

An  Act  to  provide  for  the  protection  of  trees,  shrubs,  vines,  and  plants  against  destru 
tive  insects  and  diseases  ; providing  for  the  enforcement  of  this  act,  the  expenses  coi 
nected  therewith,  and  fixing  penalties  for  its  violation. 

Section  1.  Be  it  enacted,  etc.,  That  no  person  shall  knowingly  or  wilfull 
keep  any  tree,  shrub,  vine,  or  plant  in  any  nursery,  orchard,  or  public  or  privaj 
grounds  in  this  Commonwealth,  nor  knowingly  or  willingly  send  out  from  sue 
nursery  any  tree,  shrub,  vine,  or  plant  affected  with  San  Jose  scale,  or  othe 
insects  or  diseases,  such  as  crown-gall,  black-knot,  or  peach-yellows,  destructiJ 
of  such  tree,  vine,  shrub,  or  plant. 

Sec.  2.  It  shall  be  the  duty  of  the  secretary  of  agriculture,  through  the  ecd 
nomic  zoologist,  or  such  other  agent  or  agents  as  he  may  select,  to  cause  a 
examination  to  be  made,  at  least  once  each  year,  of  each  and  every  nursery  i 
this  State  where  trees,  shrubs,  vines,  or  plants  are  grown ; and  he  may  also,  b 
himself  or  agent,  make  inspection  of  any  orchard,  or  other  grounds  or  place,  i: 
this  State,  for  the  purpose  of  ascertaining  whether  the  trees,  shrubs,  vines,  dl 
plants  therein  kept  are  infested  with  San  Jose  scale  or  other  insect  pests,  or  did 
eases  destructive  of  such  trees,  shrubs,  vines,  or  plants.  If,  after  such  examinJ 
tion  of  any  nursery,  it  be  found  that  the  said  trees,  shrubs,  vines,  or  othef 
plants,  so  examined,  are  apparently  free  in  all  respects  from  any  such  dangeJ 
ously  injurious  insects  or  diseases,  the  secretary  of  agriculture,  or  his  dull 
authorized  agent,  or  other  person  designated  ‘to  make  such  examination,  shall 
thereupon  issue  to  the  owner  or  proprietor  of  the  said  stock  thus  examined  | 
certificate  setting  forth  the  fact  of  the  examination  and  that  the  stock  or  treei 
so  examined  are  apparently  free  from  any  and  all  such  destructive  insects  and 
diseases. 

Sec.  3.  Should  any  nurseryman,  agent,  dealer,  or  broker  send  out  or  delive 
w ithin  the  State  trees,  vines,  shrubs,  plants,  buds,  or  cuttings,  commonly  knojwj 
as  nursery  stock,  and  which  are  subject  to  the  attacks  of  the  insects  and  diJ 
eases  disignated  in  this  act,  unless  lie  has  in  his  possession  a copy  of  said  certify 
cate,  dated  within  the  year  thereof,  or  wrongfully  be  in  possession  of  said  cei^ 
tificate,  he  shall  be  guilty  of  a misdemeanor,  and  upon  conviction  shall  be  pun 
ished  in  accordance  with  the  provisions  of  section  eight  of  this  act. 


PENNSYLVANIA. 


127 


Sec.  4.  All  nursery  stock,  as  designated  in  this  act,  sent  out  by  any  nursery- 
tan,  agent,  dealer,  or  broker  within  this  State,  shall  be  accompanied  by  a copy 
l said  certificate  attached  to  each  box,  bale,  or  package.  A certificate  issued 
Y an  official  of  the  United  States,  setting  forth  the  fact  that  the  nursery  stock 
as  been  fumigated  and  is  free  from  any  and  all  such  destructive  insects  and 
iseases,  shall  be  accepted  in  lieu  of  the  State  inspection.  Transportation  com- 
anies  are  required  to  reject  all  nursery  stock  not  accompanied  with  a certifi- 
ite  of  inspection,  and  also  to  reject  all  such  stock  entering  this  State  without 
certificate  of  fumigation. 

Sec.  5.  Whenever  any  trees,  shrubs,  vines,  or  plants  are  shipped  into  the 
tate  from  some  other  State,  country,  or  province,  every  package  thereof  shall 
e plainly  labeled  on  the  outside  with  the  name  of  the  consignor,  the  name  of 
ie  consignee,  and  a certificate  showing  that  the  contents  have  been  inspected 
y a State  or  Government  officer,  and  that  the  trees,  vines,  shrubs,  or  plants, 
scepting  conifers  and  herbaceous  plants,  therein  contained,  are  properly  fumi- 
ated  and  appear  free  from  all  dangerously  destructive  insects  and  diseases. 
Vlien  nursery  stock  is  shipped  into  this  State,  accompanied  by  a certificate 
s herein  provided,  it  shall  be  held  to  be  prima  facie  evidence  of  the  facts 
herein  stated ; but  the  secretary  of  agriculture,  by  himself  or  his  assistants, 
'hen  they  have  reason  to  believe  that  any  such  stock  is  infested  with  dangerous 
lsects  or  diseases,  shall  be  authorized  to  inspect  the  same  and  subject  it  to 
ike  treatment  as  provided  in  sections  six  and  seven  of  this  act. 

Sec.  6.  If,  after  examination  or  upon  information  given  in  writing  to  the 
pcretary  of  agriculture,  it  is  found  that  any  nursery  stock,  trees,  or  shrubs, 
ither  in  a nursery  or  elsewhere,  or  sent  forth  to  deliver  in  this  State,  are 
pund  to  be  infested  with  San  Jose  scale  or  other  destructive  insects  or  dis- 
fases,  it  shall  be  the  duty  of  the  secretary  of  agriculture,  by  himself  or  his  duly 
uthorized  representative  or  agent,  to  take  means  to  control,  prevent  the  spread 
If,  or  secure  the  extermination  of  such  insects  or  diseases,  and  shall  have  powTer 
p enter  upon  the  premises  and  order  the  examination  and  treatment  or  de- 
traction of  such  dangerously  injurious  insects  or  diseases,  or  the  nursery 
tock  or  trees  and  shrubs  infested  therewith,  giving  written  notice  to  the  owner 
r person  in  charge  of  the  premises  or  nursery  stock  so  infested.  Such  notice 
ball  contain  a brief  statement  of  the  facts  found  to  exist,  and  descriptions  of 
lethods  whereby  it  is  deemed  necessary  to  treat  or  destroy  said  trees,  shrubs, 
lines,  or  plants,  and  shall  call  attention  to  the  law  under  which  it  is  proposed 
p treat  or  destroy  them.  In  case  of  objection  to  the  findings  of  the  inspector 
r agent  of  the  secretary  of  agriculture,  an  appeal  shall  be  made  to  the  said 
Secretary  of  agriculture,  whose  decision  shall  be  final.  An  appeal  must  be 
iken  within  six  days  from  the  service  of  said  notice,  and  shall  act  as  a stay  of 
roceedings  until  it  is  heard  and  decided. 

Sec.  7.  When  the  secretary  of  agriculture,  or  the  persons  or  person  appointed 
y him,  shall  finally  determine,  in  accordance  with  the  provisions  of  this  act, 
aat  any  trees,  shrubs,  vines,  or  other  plants  must  be  treated  or  destroyed,  he 
ball  notify  in  writing  the  owner  or  the  person  in  charge  of  said  infested  stock, 
|"ees,  vines,  or  shrubs,  and  shall  direct  him,  within  a time  and  in  a manner 
rescribed  in  such  notice,  to  treat  or  destroy  such  infested  property.  If  the 
erson  so  notified  shall  refuse  or  neglect  to  treat,  destroy,  or  disinfect  said  trees, 
ines,  or  shrubs  in  the  manner  and  within  the  time  prescribed  in  the  said  notice, 
be  secretary  of  agriculture  shall  cause  such  property  to  be  so  treated,  and  may 
mploy  all  necessary  assistants  for  that  purpose ; and  such  person  or  persons, 
gent  or  agents,  employe  or  employes  may  enter  on  all  premises  in  any  township, 
orough,  or  city  necessary  for  the  purpose  of  such  treatment,  removal,  or 


128 


LAWS  AGAINST  INJURIOUS  INSECTS. 


destruction,  and  he  shall  certify  to  the  owner  or  person  in  charge  of  the  prem 
ises  the  amount  of  the  cost  of  said  treatment,  removal,  or  destruction,  and  1 
not  paid  to  him  within  sixty  days  thereafter,  the  same  may  be  recovered 
together  with  the  costs  of  action. 

Sec.  8.  Any  person  violating  the  provisions  of  this  act,  or  offering  any  hir 
drance  to  the  carrying  out  of  this  act,  shall  be  adjudged  guilty  of  a misdemeanoi 
and,  upon  conviction  before  a magistrate  or  justice  of  the  peace,  shall  be  fine 
not  less  than  ten  dollars  and  not  more  than  one  hundred  dollars  for  each  an 
every  offense,  together  with  all  the  costa  of  the  prosecution,  and  shall  stan 
committed  until  the  same  is  paid.  All  necessary  expenses  under  the  provision 
of  this  act  shall,  after  approval  in  writing  by  the  secretary  of  agriculture  an 
auditor-general,  be  paid  by  the  State  treasurer  upon  warrant  of  the  auditoi 
general  in  the  manner  now  provided  by  law:  Provided,  That  not  more  tha 
thirty  thousand  dollars  shall  be  so  expended  for  this  purpose  in  any  one  year. 

Sec.  9.  All  penalties  and  costs  recovered  for  the  violation  of  any  of  the  prc 
visions  of  this  act  shall  be  paid  to  the  secretary  of  agriculture,  or  his  agent,  an 
by  him  immediately  covered  into  the  State  treasury,  to  be  kept  as  a fund  fo 
the  use  of  the  department  of  agriculture  in  the  enforcement  of  this  act,  an 
may  be  drawn  out  upon  vouchers  signed  by  the  secretary  of  agriculture  an 
approved  by  the  auditor-general,  and  shall  not  merge  with  the  general  fund  a 
the  close  of  any  fiscal  year. 

Sec.  10.  The  provisions  of  this  act  shall  not  apply  to  florists’  greenhous 
plants  and  flowers,  known  as  greenhouse  stock,  of  varieties  not  attacked  b; 
San  Jose  scale  or  other  injurious  insects  or  diseases,  nor  shall  they  apply  t 
ornamental  trees  and  shrubs  of  varieties  not  liable  to  infestation  with  San  Jos 
scale  and  liable  to  injury  by  fumigation. 

Sec.  11.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  ac 
be,  and  the  same  are  hereby,  repealed. 

Approved  the  31st  day  of  March,  A.  D.  1905. 


PORTO  RICO. 

A Bill  to  provide  for  the  protection  against  the  importation  of  plant  diseases  or  insect! 

harmful  to  plants. 

Be  it  enacted  by  the  legislative  assembly  of  Porto  Rico: 

Section  1.  No  coffee  tree  or  plant,  or  any  portion  thereof,  or  the  seeds  of  sam 
(except  roasted  coffee  for  domestic  consumption),  and  no  rooted  citrus  plant 
or  cuttings,  and  no  cotton  seed,  seed  cotton,  cotton  lint,  loose  or  in  bales,  shall  bl 
brought  into  the  island  of  Porto  Rico  from  any  State  or  Territory  or  othej 
country  whatsoever  without  having  attached  thereto,  in  a prominent  and  cod 
spicuous  place,  a certificate  under  oath  signed  by  a duly  authorized  State  o 
Government  entomologist,  stating  that  such  trees,  plants,  roots,  seed  hulls  or  see] 
or  any  and  all  portions  thereof  are  free  from  disease : Provided,  That  in  th 
case  of  cotton  seed,  seed  cotton,  cotton-seed  hulls,  or  cotton  lint,  such  certificat] 
shall  state  in  addition  that  the  shipment  originated  in  a locality  where,  b; 
actual  inspection  by  said  attesting  official  or  his  agent,  the  Mexican  boll  weevil 
was  not  found  to  exist. 

Sec.  2.  None  of  the  provisions  of  this  act  shall  be  construed  as  preventing  thl 
importation  by  the  United  States  agricultural  experiment  station,  without  suclj 
certificate,  of  any  trees,  plants,  shrubs,  cuttings,  seeds,  roots,  or  bulbs  require*] 
by  for  experimental  and  official  use,  providing  that  such  station  notify  thl 
governor  in  writing  of  all  shipments  so  made. 


PORTO  RICO. 


129 


Sec.  3.  The  cities  of  San  Juan,  Ponce,  aud  Mayaguez  are  hereby  designated  as 
rts  of  entry  for  any  and  all  of  said  articles,  and  it  shall  be  unlawful  to  enter 
3 same  at  any  other  port  or  place. 

Sec.  4.  The  governor  is  authorized  to  appoint  suitable  persons  as  inspectors, 
d shall  from  time  to  time  issue  such  further  and  additional  rules  and  regula- 
rs as  may  in  his  opinion  be  necessary  for  the  guidance  of  said  inspectors  and 
e carrying  out  of  the  purpose  of  this  act.  Such  inspectors  shall  have  full 
wer  and  authority  to  enter  during  reasonable  hours  any  depot,  warehouse, 
Bight  wharf,  transfer,  steamship,  or  express  office,  or  other  building  or  prem- 
>s,  and  shall  be  allowed  full  access  to  all  way  bills,  manifests,  invoices,  or  bills 
lading  therein,  whenever,  in  the  opinion  of  said  inspector,  the  same  is  neces- 
ry  to  determine  the  presence  or  record  of  any  shipment  of  the  nature  desig- 
ted  in  this  act. 

Sec.  5.  No  steamship,  railway,  express  company,  or  other  common  carrier,  or 
y person,  firm,  or  corporation  shall  bring  into  the  island  of  Porto  Rico  any  of 
e articles  above  mentioned  without  the  specified  certificate  attached,  and  each 
such  shipments  shall  be  fully  set  forth  in  the  manifest,  way  bills,  invoices,  or 
Is  of  lading  of  the  importing  company,  specifying  where  and  from  whom  such 
ipment  was  received  and  to  whom  consigned.  Upon  the  arrival  at  any  of  the 
rts  of  entry  herein  designated,  such  common  carrier  shall  notify  the  inspector 
the  arrival  of  such  goods,  and  the  same  shall  be  held  by  said  common  carrier 
til  the  inspector  has  investigated  such  shipment  and  give  written  permission 
Ir  its  removal.  In  case  any  common  carrier  violates  the  provision  of  this  sec- 
!>n,  then  the  general  manager  of  such  common  carrier  or  the  captain  of  such 
'ending  vessel  shall  be  deemed  guilty,  and,  upon  convicton,  punished  in  the 
^inner  hereinafter  provided. 

Sec.  6.  Every  transportation  company,  common  carrier,  person,  firm,  or 
rporation  shall  immediately  notify  the  inspector  at  the  nearest  port  of  entry, 
iien  by  oversight,  negligence,  or  otherwise  any  shipments  of  the  nature  desig- 
ned in  section  1 of  this  act,  without  a proper  certificate  attached,  shall  arrive 
any  station  or  wharf  owned  or  operated  by  said  company  within  the  island  of 
>rto  Rico,  and  it  shall  be  the  duty  of  such  inspector  to  proceed  as  speedily  as 
ssible  to  investigate  such  shipment.  If,  upon  investigation,  he  find  the  ship- 
ant  to  be  of  the  nature  herein  designated,  and  to  have  been  made  without  hav- 
g first  procured  the  proper  certificate,  he  shall  order  the  same  removed  from 
e island  of  Porto  Rico,  and  upon  failure  of  the  owner  or  shipper  to  remove 
me  within  forty-eight  hours  after  notice  to  do  so  said  shipment  shall  be  seized 
id  burned. 

Sec.  7.  Any  person  or  persons,  firm,  corporation,  company,  or  common  car- 
ir  violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a misde- 
aanor,  and  upon  conviction  thereof  shall  be  punished  as  provided  for  in  sec- 
>n  16  of  the  Penal  Code  of  Porto  Rico  of  1902  ; and  any  person  who  shall  refuse 
comply  with  the  instructions  of  an  inspector,  or  shall  hinder  or  obstruct,  or 
"er  to  hinder  or  obstruct,  any  inspector  in  the  discharge  of  his  duties,  shall  be 
emed  guilty  of  a misdemeanor,  and  upon  conviction  shall  be  punished  as  pro- 
ded  for  in  said  section  16,  above  referred  to. 

Sec.  8.  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  there  is 
reby  appropriated  out  of  any  moneys  in  the  treasury  not  otherwise  appro- 
iated,  for  the  fiscal  year  ending  June  30th,  1906,  the  sum  of  five  hundred  dol- 
l's  ($500.00)  or  so  much  thereof  as  may  be  necessary. 

Sec.  9.  This  law  shall  take  effect  on  and  after  May  first,  1905. 


7418— No.  61  m 9 


180 


LAWS  AGAINST  INJURIOUS  INSECTS. 


RHODE  ISLAND. 

Chapter  1159. 

An  Act  to  authorize  the  State  board  of  agriculture  to  appoint  a State  nursery  inspecto 
and  to  provide  for  the  protection  of  trees  and  shrubs  from  injurious  insects  at 
diseases. 

It  is  enacted  by  the  general  assembly  as  follows: 

Section  1.  The  State  board  of  agriculture  may  annually  appoint  some  persoi 
qualified  by  scientific  training  and  practical  experience,  to  be  State  nursery  ii 
spector,  who  shall  be  responsible  to  the  board  for  the  performance  of  his  dutie 
as  prescribed  in  this  act. 

Sec.  2.  It  shall  be  the  duty  of  the  State  nursery  inspector  to  inspect,  unde 
the  direction  of  said  board,  all  nurseries  or  places  in  the  State  where  nurser 
stock  is  grown,  sold,  or  offered  for  sale,  and  if  no  dangerous  insect  or  fungi 
pests  are  fund  therein  a certificate  to  that  effect  shall  be  given.  If  such  pesl 
are  found  therein  the  owner  of  the  stock  shall  take  such  measures  to  suppres 
the  same  as  the  State  nursery  inspector  shall  prescribe,  and  no  certificate  sha 
be  given  until  the  said  inspector  has  satisfied  himself  by  subsequent  inspectio 
that  all  such  pests  have  been  suppressed. 

Sec.  3.  Owners  of  nurseries  or  of  places  in  the  State  where  nursery  stock  i 
grown,  sold,  or  offered  for  sale,  who  do  not  hold  an  unexpired  certificate  of  ii 
spection  after  the  first  annual  inspection  made  after  the  passage  of  this  ac 
who  shall  sell  or  otherwise  dispose  of  nursery  stock  in  the  State  shall  be  sul 
ject  to  a penalty  of  not  less  than  ten  nor  more  than  fifty  dollars  for  each  offend 
Sec.  4.  Owners  of  nurseries  or  of  places  in  the  State  where  nursery  stoc 
is  grown,  sold,  or  offered  for  sale,  who  shall  fumigate  with  hydrocyanic  aci 
gas  all  stock  which  they  sell,  using  at  least  two-tenths  of  a gram  of  potass) 
cyanide  to  every  cubic  foot  of  space  contained  in  the  box,  house,  or  other  plac 
wherein  this  fumigation  is  performed,  which  place  shall  be  gas  tight,  and  wa 
shall  expose  the  said  stock  to  the  fumes  of  this  gas  of  the  strength  aforesail 
for  at  least  forty  minutes,  or  who  shall  treat  the  stock  which  they  sell  by  som 
other  method  approved  by  the  State  nursery  inspector,  and  who  shall  makl 
affidavit  before  an  officer  authorized  to  administer  oaths  that  all  stock  sold  b 
them  has  thus  been  fumigated  or  treated,  and  who  shall  attach  a copy  cl 
such  affidavit  to  each  package,  box,  or  car  of  stock  sold,  shall  be  exempt  froij 
the  provisions  of  sections  two  and  three  of  this  act. 

Sec.  5.  All  nursery  stock  shipped  into  this  State  from  any  other  State,  com 
try,  or  province  shall  bear  on  each  box  or  package  a certificate  that  the  content! 
of  said  box  or  package  have  been  inspected  by  a duly  authorized  inspectin'] 
officer  and  that  said  contents  appear  to  be  free  from  all  dangerous  insects  oj 
diseases.  In  case  nursery  stock  is  brought  within  the  State  without  such  a ceia 
tificate  the  consignee  shall  return  it  to  the  consignor  at  the  expense  of  thS 
latter : Provided,  however,  That  any  package  or  box  bearing  a certificate  clj 
fumigation  which  meets  the  requirements  specified  in  section  four  of  this  at 
may  be  accepted  as  though  bearing  a proper  certificate  of  inspection. 

Sec.  6.  The  State  nursery  inspector  shall  at  all  times  have  the  right  to  enteij 
any  public  or  private  grounds  in  the  performance  of  any  duty  required  by  thi  I 
act.  He  shall  receive  from  the  annual  appropriation  of  the  State  board  oil 
agriculture  such  compensation  as  said  board  may  determine. 

Sec.  7.  This  act  shall  take  effect  upon  its  passage. 

Passed  April  13,  1904. 


SOUTH  CAROLINA. 


131 


SOUTH  CAROLINA. 

u Act  to  amend  an  act  to  create  a State  board  of  entomology,  to  define  its  power  and 
prescribe  its  duties  and  provide  for  the  inspection  of  fruit  trees,  vineyards,  and  vege- 
table farms,  to  prevent  contagious  diseases,  and  destroy  destructive  insects  in  orchards, 
’vineyards,  and  other  places  in  the  State. 

Section  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  South  Caro- 
,ia,  That  on  or  before  April  1st,  1901,  and  every  two  years  thereafter,  the  board 
i trustees  of  Clemson  College  shall  designate  three  members  of  the  said  board 
ho  shall  constitute  and  be  known  as  the  State  board  of  entomology  and  who 
jail  be  charged  especially  with  the  execution  of  the  provisions  of  this  act. 

[Sec.  2.  That  the  said  board  is  hereby  authorized  and  empowered  to  make  sucli 
jles  and  establish  such  regulations  consistent  with  the  laws  of  this  State  and 
l the  United  States  for  the  government  of  the  inspection,  certification,  sale, 
jansportation,  and  introduction  of  trees,  plants,  shrubs,  cuttings,  buds,  vines, 
[ilbs  or  roots  that  the  said  board  may  deem  necessary  or  advisable  to  prevent 
;e  introduction  or  dissemination  of  destructive  insects  and  plant  diseases, 
j Sec.  3.  That  the  said  board  shall  have  power  to  appoint  an  entomologist,  who 
tall  be  a skilled  horticulturist,  and  an  assistant  entomologist  if,  in  their  judg- 
ent,  it  shall  be  impracticable  for  the  entomologist  so  to  be  appointed  to  dis- 
targe  the  duties  hereby  devolved  upon  him ; and  such  entomologist  shall  act  as 
i inspector  under  the  provisions  of  this  act ; and  it  shall  be  the  duty  of  said 
•ard  to  promulgate  rules  and  regulations  in  accordance  with  this  act  for 
ie  guidance  of  said  entomologist  and  his  assistant,  if  one  shall  be  appointed, 
the  duties  devolving  upon  him  under  the  provisions  hereof. 

I Sec.  4.  That  the  said  board  shall  fix  the  salary  of  said  entomologist  and  of 
s assistant,  if  one  shall  be  appointed.  The  said  salary  shall  be  paid  out  of  the 
Inds  now  provided  by  law  for  the  uses  of  Clemson  College.  And  in  addition 
i said  salaries  such  expenses  as  the  said  board  may  allow  for  traveling  and 
her  incidental  expenses  of  the  entomologist  and  his  assistant  and  the  issuing 
\ reports  or  other  publications  shall  be  paid  out  of  the  funds  provided  for  the 
|;es  of  Clemson  College. 

, Sec.  5.  That  the  said  entomologist,  or  his  assistant,  is  hereby  authorized  and 
npowered  to  enter  upon  any  premises  in  this  State  for  the  discharge  of  the 
ities  hereby  prescribed,  or  that  may  be  prescribed  by  said  board,  and  any  per- 
il or  persons  who  shall  pester  or  hinder  him  in  the  discharge  of  such  duties 
tail  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction  shall  be  pun- 
lied  by  a fine  not  exceeding  one  hundred  dollars  or  by  imprisonment  in  the 
•unty  jail  not  exceeding  thirty  days. 

Sec.  6.  The  entomologist  shall  have  power  under  the  regulations  of  the  said 
>ard  to  visit  any  section  of  the  State  where  insects  injurious  to  or  destructive 
plants  are  believed  to  exist  and  shall  determine  whether  any  infested  trees 
• plants  or  vineyards  are  worthy  of  remedial  treatment  or  should  be  destroyed, 
id  he  shall  report  his  findings  in  writing  to  the  owner  of  the  premises  where 
ich  trees  or  plants  or  vineyards  are  situated,  or  to  his  agent  or  tenant,  and  a 
i>py  of  his  report  shall  also  be  submitted  to  the  said  board.  In  case  of  objec- 
on  to  the  finding  or  report  of  the  inspector,  an  appeal  may  be  had  to  the 
iid  board,  who  shall  have  the  power  to  summon  witnesses  and  hear  testimony 
i oath,  and  whose  decision  shall  be  final.  Upon  the  finding  of  the  inspector  in 
ly  case  of  infested  trees  or  plants  or  vineyards,  the  treatment  prescribed  by 
im  shall  be  executed  by  the  owner  of  the  premises  unless  an  appeal  is  taken, 
id  the  cost  of  material  incident  to  such  treatment  shall  be  borne  by  the  own- 
's of  the  premises':  Provided,  however,  That  in  case  the  trees  or  plants  or 


132 


LAWS  AGAINST  INJURIOUS  INSECTS. 


vineyards  shall  be  condemned  by  the  inspector,  they  shall  be  destroyed,  by  hi 
direction,  by  the  owner  of  the  premises,  and  the  expense  of  said  action  shal 
be  borne  by  the  owner  of  the  premises : Provided,  That  failure  or  refusal  oi 
the  part  of  the  owner  of  the  premises  to  execute  the  treatment  prescribed  b, 
the  entomologist,  or  to  destroy  trees,  plants,  or  vineyards,  as  directed  by  bin] 
shall  be  deemed  a misdemeanor,  and,  upon  conviction  thereof,  such  owner  sha] 
be  punished  by  a fine  not  exceeding  one  hundred  dollars,  or  imprisonment  in  th 
county  jail  not  exceeding  thirty  days : And  provided  further,  That  the  provj 
sion  in  reference  to  destroying  plants  shall  not  refer  to  cotton,  corn,  grain,  o 
such  other  field  plants  as  are  not  subject  to  sale  and  transportation.  No  com 
pensation  shall  be  paid  to  the  owner  of  the  premises  for  any  plant  that  shal 
thus  be  destroyed. 

Sec.  7.  It  shall  be  unlawful  to  sell  or  offer  for  sale  or  transport  within  thi 
State  plants,  buds,  trees,  shrubs,  vines,  tubers,  roots,  or  cuttings  that  have  no 
been  inspected  or  bear  the  inspection  tag  of  the  said  entomologist,  and  an; 
person  or  persons  violating  the  provisions  of  this  section  shall  he  deemed  guilt; 
of  a misdemeanor,  and  upon  conviction  shall  be  fined  in  a sum  not  exceedin 
one  hundred  dollars,  or  imprisonment  in  the  county  jail  not  exceeding  thirt; 
days. 

Sec.  8.  It  shall  be  unlawful  for  any  grower  of  fruit  trees,  nurserymen,  o 
corporation  to  ship  within  this  State  any  trees,  shrubs,  cuttings,  vines,  bulbs,  o\ 
roots  without  having  the  same  previously  examined  by  said  entomologist,  or  by  hi 
assistant,  within  six  months  next  preceding  date  of  such  shipment — a certificat 
of  such  inspection  in  such  form  as  may  be  adopted  by  said  board  to  accompanj 
each  box  or  package.  Any  person  or  corporation  violating  the  provisions  o 
this  section  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  convictioil 
thereof  shall  be  punished  by  a fine  not  exceeding  one  hundred  dollars,  or  hi 
imprisoned  in  the  county  jail  not  exceeding  thirty  days. 

Sec.  9.  That  all  fruit  growers,  nurserymen,  or  corporations  residing  in  thi 
State  dealing  in  or  handling  fruit  trees,  shrubs,  cuttings,  vines,  bulbs,  or  root! 
shall  be  compelled  to  have  his  or  their  or  its  stock  inspected  annually  on  o i 
before  the  1st  day  of  November  of  each  year.  If  upon  such  inspection  suca 
stock  is  found  to  conform  to  the  requirements  of  said  board,  the  inspectol 
shall  furnish  a certificate  to  that  effect ; or  if  such  stock  does  not  conform  to  th 
requirements  of  said  board  then  the  said  inspector  may  cause  the  same  to  b 
destroyed  at  the  expense  of  the  owner  thereof. 

Sec.  10.  That  all  persons  or  corporations  residing  without  the  limits  of  thi 
State  dealing  in  trees,  plants,  cuttings,  shrubs,  vines,  or  roots  shall  register  hiJ 
their,  or  its  name  and  file  a copy  of  his,  their,  or  its  certificate  of  inspection 
furnished  by  the  entomologist  or  inspector  or  duly  authorized  official  of  th 
State  in  which  he,  they,  or  it  resides  with  the  chairman  of  the  said  boardi 
which  shall  state  that  in  addition  to  inspection  the  nursery  stock  has  beeH 
fumigated  under  the  direction  of  the  official  issuing  the  certificate.  Upoii 
failure  to  comply  with  this  requirement,  any  of  said  articles  that  may  b ' 
shipped  into  this  State  may  be  confiscated  or  destroyed  by  the  authority  of  thi 
said  board. 

Sec.  11.  Upon  filing  the  proper  certificate,  as  above  prescribed,  and  upoi  5 
request  of  any  person  or  persons  residing  without  the  limits  of  this  State,  deail 
ing  in  or  handling  trees,  shrubs,  cuttings,  vines,  bulbs,  or  roots  in  this  State! 
the  certificate  of  the  said  board  of  entomology  will  be  issued  to  the  same  witbf 
out  charge,  and  official  tags  bearing  the  fac  simile  copy  of  such  certificate  am  • 
the  seal  of  the  board  of  entomology  will  be  furnished  such  applicants  at  cost  I 

Sec.  12.  No  transportation  company  or  common  carrier  shall  deliver  an. 


SOUTH  CAROLINA. 


133 


|dx,  bundle,  or  package  of  trees,  shrubs,  cuttings,  vines,  biubs,  or  roots  shipped 
|y  parties  residing  without  the  limits  of  this  State  to  any  consignee  at  any 
Ration  in  this  State  unless  each  box,  bundle,  or  package  is  plainly  labeled  with 
I certificate  of  inspection  furnished  by  the  official  entomologist  of  the  State  in 
•hich  said  stock  was  grown  and  also  with  the  official  tag  of  this  board  herein 
Irovided  for.  Any  person  or  persons  violating  the  provisions  of  this  section 
hall  be  deemed  guilty  of  a misdemeanor,  and,  upon  conviction,  shall  be  fined 
1 a sum  not  exceeding  one  hundred  dollars.  For  the  enforcement  of  this 
lection  the  sheriff  of  each  county  in  the  State  is  hereby  authorized  and 
mpowered,  and  it  shall  further  be  his  duty,  to  seize  such  goods  that  do  not 
ear  the  official  tag  of  this  board  and  hold  the  same  until  inspected  and  pro- 
ounced  by  the  entomologist,  whom  he  shall  notify  at  once,  to  be  free  from  the 
iseases  and  insects  declared  to  be  injurious  by  the  said  board. 

I Sec.  13.  When  two  or  more  reputable  citizens  of  any  county  in  this  State 
jotify  the  chairman  of  the  State  board  of  entomology  that  noxious  insects  or 
lant  diseases  exist  in  their  county  it  shall  be  his  duty  to  have  the  entomologist 
romptly  investigate  the  matter  and  take  such  steps  as  authorized  and  pre- 
scribed in  this  act  and  by  the  State  board  of  entomology. 

Sec.  14.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  the  23d  day  of  February,  A.  D.  1903. 


Rules  and  Regulations  Adopted  by  the  State  Board  of  Entomology. 

1.  The  entomologist  at  Clemson  College,  who  shall  be  known  as  State  ento- 
mologist, shall  direct  the  work  required  under  this  act.  He  shall  inspect  every 
iursery  in  the  State  before  the  first  day  of  November  of  each  year.  All  nursery- 
men and  dealers  of  nursery  stock  residing  within  and  without  the  State  who  do 
-’usiness  within  the  limits  of  the  State  of  South  Carolina,  must  not  seil,  trans- 
iort,  or  give  away  any  nursery  stock,  unless  the  same  is  accompanied  by  a certi- 
ficate from  the  State  board  of  entomology  declaring  the  same  to  be  apparently 
;ree  from  insects  and  plant  diseases  herein  listed  as  dangerously  injurious.  All 
uch  certificates  are  invalid  after  the  first  day  of  June  of  each  year  and  must  be 
'enewed 'before  the  first  day  of  November  of  that  year.  When  nursery  premises 
ire  found  to  be  infested,  the  certificate  of  freedom  from  injurious  insects  and 
»lant  diseases  will  be  withheld  until  the  instructions  of  the  entomologist  for  the 
reatment  of  same  have  been  obeyed.  Infested  orchards  shall  be  treated  when- 
ever discovered.  The  owners  of  infested  nurseries  or  orchards  shall  pay  all  cost 
or  such  treatment,  except  the  traveling  and  hotel  expenses  of  the  entomologist. 

The  entomologist  shall  exercise  all  due  diligence  to  see  that  the  law  is  complied 
vith,  and  he  shall  publish,  from  time  to  time,  circulars  and  reports  relating  to 
he  inspection  work,  and  bulletins  containing  an  account  of  the  habits  of  and 
reatment  for  the  injurious  insects  and  plant  diseases. 

In  the  office  of  the  entomologist,  there  shall  be  kept,  on  file,  a list  of  nursery- 
nen  and  dealers  of  nursery  stock,  living  within  and  without  the  State,  and  doing 
msiness  within  the  State,  and  a list  of  localities  within  the  State  where  the  San 
lose  scale  and  other  dangerously  injurious  insects  and  plant  diseases  have  been 
bund. 

All  correspondence  relating  to  the  inspection,  certification,  and  treatment  of 
:rees,  plants,  and  all  kinds  of  nursery  stock  should  be  addressed  to  the  State 
entomologist,  who  shall  also  act  as  secretary  to  the  State  board  of  entomology. 

2.  The  following  insects  and  plant  diseases  are  declared  by  the  State  board  of 
entomology  to  be  dangerously  injurious  and  the  introduction  of  the  same  is 


134 


LAWS  AGAINST  INJURIOUS  INSECTS. 


hereby  forbidden,  and  to  be  prevented,  as  far  as  possible,  in  accordance  with  th- 
law : 

San  Jose  scale  ( Aspidiotus  perniciosus) , woolly  aphis  ( Schizoneura  lanigera) 
black  knot  of  plum  and  cherry  ( Ploicrightia  morbosa),  fire  blight  of  pear  an< 
apple  ( Micrococcus  amylovorus),  peach  yellows,  the  plum  and  peach  rosette,  an< 
crown  gall. 

The  certificate  of  inspection  is  invalid  unless  accompanied  by  a certificai 
of  fumigation. 


No.  265. 


An  Act  to  guard  against  the  introduction  of  Mexican  boll  weevil  into  this  State. 

Whereas  a pest  commonly  designated  as  the  Mexican  boll  weevil  is  a greai 
actual  evil  in  the  State  of  Texas  and  is  a menace  to  the  whole  cotton  belt,  an] 
is  ascertained  to  be  capable  of  dissemination  in  cotton  seed;  therefore: 

Section  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  South  Can 
olina,  That  on  and  after  the  approval  of  this  act  by  the  governor,  it  shall  b 
unlawful  to  import  into  this  State  any  living  specimen  of  the  Mexican  bolj 
weevil  or  to  import  into  this  State  any  cotton  seed,  oats,  or  prairie  hay  frol 
points  affected  by  said  weevil  in  the  State  of  Texas,  or  from  any  other  poinj 
or  points  any  such  seed  or  hay  that  has  been  shipped  originally  from  any  poin 
or  points  affected  by  said  weevil  in  the  State  of  Texas. 

§ec.  2.  That  every  person  and  every  agent  of  any  firm  or  corporation  violati 
ing  the  provision  of  section  1 of  this  act  shall,  on  conviction,  be  deemed  guilt1 
of  a misdemeanor  and  shall  be  subjected  to  a fine  not  to  exceed  one  hundred 
dollars  or  imprisonment  not  exceeding  thirty  days;  and  all  such  weevils  shall 
be  seized  and  destroyed ; and  all  such  imported  cotton  seed,  oats,  or  prairie  haj 
shall  be  deemed  contraband,  and  seized  and  destroyed  upon  the  conviction  o 
the  person  or  agent  violating  section  1 of  this  act. 

Approved  the  25th  day  of  February,  A.  D.  1904. 


SOUTH  DAKOTA. 

Chapter  131. 

An  Act  to  prevent  the  introduction  and  spread  of  injurious  insects  and  dangerous  plan 
diseases  in  the  State  of  South  Dakota. 

Be  it  enacted  by  the  legislature  of  the  State  of  South  Dakota: 

§ 1.  The  entomologist  of  the  State  experiment  station  is  hereby  constitutec  i 
the  State  entomologist  and  charged  with  the  execution  of  this  act.  He  shall! 
between  the  first  day  of  June  and  the  fifteenth  day  of  September  of  each  yeail 
when  requested  by  the  owner  or  agent,  or  when  he  has  reasonable  grounds  t< 
believe  that  any  injurious  insect  pests  or  dangerous  and  contagious  plant  dis 
eases  exist,  examine  any  nursery,  fruit  farm,  or  other  place  where  trees  o: 
plants  are  grown  for  sale,  and  if  found  apparently  free  from  any  injuriou; 
insect  pests  or  dangerous  plant  diseases  he  shall  issue  his  certificate  stating  j 
the  facts  (good  for  one  year  unless  revoked),  and  shall  collect  therefor  a fe<  i 
sufficient  to  cover  his  expenses. 

§ 2.  The  State  entomologist  shall  have  authority,  when  requested  by  thi  i 


SOUTH  DAKOTA. 


135 


Ivner,  agent,  or  purchaser,  or  when  he  has  reasonable  grounds  to  believe  that 
| ly  such  injurious  and  dangerous  pests  exist,  to  enter  upon  any  of  the  grounds 
Mentioned  in  section  one  hereof,  public  or  private,  for  the  purpose  of  inspection, 
id  if  he  finds  any  nursery  or  orchard,  garden,  or  other  place  inspected  [in- 
l:cted]  by  any  such  injurious  and  dangerous  pests,  he  may  enter  upon  such 
remises  and  establish  quarantine  regulations.  If  in  his  judgment  any  such 
jurious  and  dangerous  pests  may  be  eradicated  by  treatment,  he  may,  in 
Writing,  order  such  treatment  and  prescribe  its  kind  and  character.  In  case 
ay  trees,  shrubs,  or  plants  are  found  so  infested  that  it  would  be  impracticable 
\\>  treat  them  he  may  order  them  burned.  A failure  for  ten  days  after  the 
ilivery  of  such  orders  to  the  owner  or  person  in  charge  to  treat  or  destroy 
, ich  infected  plants  or  trees,  as  ordered,  shall  make  it  the  duty  of  the  ento- 
ologist  to  perform  this  work,  and  to  ascertain  the  cost  thereof,  and  he  shall 
crtify  the  amount  of  such  costs  to  the  owner  or  person  in  charge  of  the  prem- 
es,  and  if  the  same  is  not  paid  him  within  sixty  days  thereafter  he  shall  cer- 
fy  the  amount  thereof  to  the  State’s  attorney  of  the  county  in  which  the  said 
ifested  trees  or  plants  are  found,  whose  duty  it  shall  be  to  proceed  forthwith  to 
iillect  the  same  of  him  in  a civil  suit,  and  to  turn  the  amount  so  recovered  over 
» the  State  auditor  to  reimburse  the  State  for  the  money  so  expended. 

§ 3.  When  nursery  stock  is  shipped  into  the  State,  accompanied  by  a certificate 
! inspection  by  a State  entomologist  from  the  State  from  which  said  nursery 
|:ock  was  shipped,  stating  that  the  stock  has  been  inspected  and  found  to  be 
•ee  from  any  injurious  insect  pests  and  dangerous  and  contagious  plant 
fiseases,  it  shall  be  held  prima  facie  evidence  of  the  facts  therein  stated ; but 
le  State  entomologist,  when  he  have  reason  to  believe  that  any  such  stock  is 
evertheless  infested  by  any  such  injurious  and  dangerous  pests,  shall  be 
uthorized  to  inspect  the  same  and  submit  it  to  like  treatment  as  that  provided 
)r  in  section  two  hereof ; and  if,  by  reason  of  the  failure  for  forty-eight  hours 
f the  owner  of  such  stock  to  comply  with  the  treatment  prescribed  or  to  destroy 
ae  stock  if  so  ordered,  the  State  entomologist  is  required  to  perform  the  work 
imself,  and  it  shall  be  the  duty  of  the  entomologist  to  certify  the  amount  of 
lie  cost  thereof  to  the  owner  or  person  in  charge  of  such  stock  so  treated  or 
estroyed,  and  if  the  same  is  not  paid  to  him  within  ten  days  thereafter  he 
ball  certify  the  amount  thereof  to  the  State’s  attorney  of  the  county  in  which 
le  stock  may  be  found  in  an  affidavit,  and  it  shall  be  the  duty  of  such  county 
ttorney  to  file  such  affidavit  with  the  register  of  deeds  of  the  county  in  which 
aid  stock  may  be,  and  the  same  shall  thereupon  constitute  a lien  thereon, 
hich  it  shall  be  the  duty  of  such  State’s  attorney  to  proceed  to  collect  forthwith 
a a civil  suit  and  to  turn  over  the  amount  so  recovered  by  him  in  such  suit  to 
be  State  auditor  to  reimburse  the  State  for  the  money  so  expended. 

§ 4.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation  to  bring  into 
bis  State  any  trees,  plants,  vines,  cuttings,  or  buds,  commonly  known  as 
ursery  stock,  unless  accompanied  by  a certificate  of  inspection  by  a State 
ntomologist  of  the  State  from  which  the  shipment  is  made,  showing  that  the 
tock  has  been  inspected  and  found  apparently  free  from  any  injurious  insect 
>ests  or  dangerous  and  contagious  plant  diseases. 

§ 5.  Any  persons  violating  or  failing  to  carry  out  the  provisions  of  this  act 
•r  offering  any  hindrance  to  the  same  shall  be  adjudged  guilty  of  a misde- 
aeanor,  and  upon  conviction  before  any  court  having  proper  jurisdiction, 
hall  be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for 
ach  and  every  offense,  together  with  all  the  costs  of  the  prosecution,  and  shall 
tand  committed  until  the  same  is  paid. 

Approved  March  6,  1905. 


136 


LAWS  AGAINST  INJURIOUS  INSECTS. 


TENNESSEE. 

Chapter  442. 

An  Act  to  create  a State  entomologist  and  plant  pathologist ; to  provide  quarantine  rule 
and  other  rules  and  regulations  regarding  the  sale,  transportation,  and  delivery  c 
trees,  shrubs,  vines,  plants,  or  plant  products  so  as  to  prevent  the  dissemination  c 
injurious  insect  pests,  also  to  amend  said  acts  so  as  to  make  it  unlawful  for  any  persor 
firm,  or  corporation  to  knowingly  grow,  sell,  offer  for  sale,  or  give  away,  transport 
keep,  or  permit  to  be  kept,  any  plants,  trees,  shrubs,  vines  or  any  part  of  a plan 
infected  with  injurious  insects,  insect  pests,  and  contagious  plant  diseases,  and  t 
otherwise  provide  for  the  duties  and  powers  of  said  State  entomologist  and  plan 
pathologist  and  to  regulate  the  sale  and  transportation  and  inspection  of  trees,  plantf 
roots,  bulbs,  plants,  and  plant  products. 

Section  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee 
That  it  shall  be  unlawful  for  any  person,  firm,  or  corporation  knowingly  t 
grow,  sell,  offer  for  sale,  give  away,  transport,  keep,  or  permit  to  be  kept  upo! 
his  or  their  premises  any  plants,  trees,  shrubs,  vines,  or  any  part  of  a plan 
infested  with  injurious  insect  pests  and  contagious  plant  diseases. 

Sec.  2.  Be  it  further  enacted,  That  within  thirty  days  after  the  passage  o 
this  act  the  commissioner  of  agriculture  shall  appoint  a competent  entomologis 
and  plant  pathologist,  subject  to  the  approval  of  the  governor,  and  necessarj 
assistants,  who  shall,  under  the  authority  of  said  commissioner,  be  charge* 
with  the  duty  of  inspecting  trees,  vines,  shrubs,  plants,  or  any  part  thereof  a 
prescribed  in  this  act. 

Sec.  3.  Be  it  further  enacted,  That  the  commissioner  of  agriculture  and  sail 
State  entomologist  and  plant  pathologist,  who  shall  constitute  and  be  designate* 
as  the  “ State  hoard  of  entomology,”  shall  have  plenary  power  to  enact  sucl 
rules  and  regulations  for  the  enforcement  of  the  provisions  of  this  act  as  ma 
be  necessary  to  prevent,  control,  and  eradicate  the  further  introduction,  increase 
and  dissemination  of  insect  pests  and  fungus  diseases,  which  otherwise  would 
threaten  the  fruit  and  other  agricultural  interests  of  this  State. 

Sec.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the  State  entomol 
ogist  and  plant  pathologist,  or  his  assistants,  to  inspect  annually,  or  oftenei! 
if  necessary,  all  greenhouses  and  nursery  stock  grown  within  the  bounds  of  th 
State  prior  to  September  1st  of  each  year,  and  he  or  they  shall  issue  a certificatj 
of  freedom  from  insect  pests  and  plant  diseases  to  the  owner  or  lessee  of  an; 
greenhouse  or  nursery,  or  other  persons  who  give  away,  sell,  or  transport  nun 
sery  stock,  found  entitled  to  the  same.  All  certificates  of  inspection  shall  b 
given  not  later  than  November  1st  of  each  year,  and  shall  become  void  aftej 
August  1st  of  the  year  following.  A duplicate  copy  of  each  certificate  shall  b I 
filed  by  the  State  entomologist  and  plant  pathologist  with  the  commissioner  o i 
agriculture  not  later  than  thirty  (30)  days  from  the  time  of  issue. 

Sec.  5.  Be  it  further  enacted,  That  it  shall  be  lawful  for  the  State  entomoW 
ogist  and  plant  pathologist,  acting  under  the  authority  of  the  State  board  o 
entomology,  or  his  assistants  or  authorized  agents,  to  visit  any  section  of  th 
State  and  examine  any  or  all  fruit-bearing,  ornamental,  or  shade  trees,  or  an. 
field  truck  crop  or  garden  crops,  or  any  plants  or  parts  thereof,  of  any  descriij 
tion  whatsoever,  and  determine  whether  infectious  diseases  exist  or  not.  I 
discovery  is  made  of  injurious  insect  pests  or  fungus  diseases,  a report  in  writ  | 
ing  of  such  finding  shall  be  made  to  the  owner  of  the  invested  plantation,  hi 
agents  or  tenants,  and  a copy  of  such  report  shall  be  filed  with  the  State  boar*, : 
of  entomology.  If  any  objections  are  made  against  the  findings  of  the  Stat  8 
entomologist  and  plant  pathologist  or  any  of  his  authorized  assistants,  suc.!i| 


TENNESSEE. 


137 


bjections  must  be  made  in  writing  within  ten  (30)  days  of  the  finding  to  the 
aid  board,  who  shall  have  power  to  summon  witnesses  and  hear  testimony  on 

Iath,  and  whose  decision  shall  be  final.  Any  person  or  persons  who  shall  inter- 
ere  \yith  the  duties  of  said  entomologist  and  said  board,  as  prescribed  in  this 
ection,  shall  be  considered  guilty  of  a misdemeanor,  and  he  or  they  shall  be 
ined  not  less  than  twenty-five  ($25)  dollars  nor  more  than  fifty  ($50)  dollars 
or  each  offense. 

| Sec.  6.  Be  it  further  enacted,  That  upon  discovery  by  the  State  entomologist 
nd  plant  pathologist  of  dangerous  insect  pests  and  fungus  diseases,  whether  in 
i|:reenhouses  and  nurseries  or  in  private  or  public  domain,  the  treatment  pre- 
cribed  by  the  State  entomologist  and  plant  pathologist  shall  be  executed  at 
.nee  (provided  there  is  no  appeal),  and  under  his  supervision.  If  the  case  in 
luestion  is  worthy  of  remedial  treatment,  the  cost  of  the  material  and  the  labor 
hall  be  borne  by  the  owner.  In  case  infested  stock  is  not  worthy  of  remedial 
reatment,  such  infectious  plants  shall  be  placed  under  the  jurisdiction  of  the 
loard  of  control. 

! Sec.  7.  Be  it  f urther  enacted,  That  it  shall  be  unlawful  for  any  grower,  nur- 
seryman, florist,  dealer,  or  corporation  to  ship,  sell,  or  deliver  within  the  State 
my  trees  or  plants  of  whatever  description  without  having  been  previously 
nspected  by  the  State  entomologist  and  plant  pathologist,  or  his  authorized 
assistants,  and  a certificate  of  inspection,  which  is  a facsimile  signature  of  the 
>riginal  certificate,  placed  upon  each  bundle,  package,  bale,  box,  or  carload  of 
ihipment. 

\ Any  violation  of  said  certificate  by  changing,  defacing,  or  placing  it  on  unin- 
spected or  infested  stock,  or  using  the  same  after  date  of  expiration  or  revoca- 
tion, shall  render  the  owner  or  shipper  liable  to  a fine  of  not  less  than  one 
mndred  ($100)  dollars  nor  more  than  one  hundred  and  fifty  ($150)  dollars  for 
;acli  offense  : Provided,  That  the  provisions  of  this  act  shall  not  apply  to  farmers 
i>r  small  growers  who  may  sell  plants,  flowers,  or  shrubs  in  their  own  counties. 

; Sec.  8.  Be  it  further  enacted,  That  each  and  every  individual,  firm,  or  cor- 
>oration  residing  in  other  States,  Territories,  provinces,  etc.,  dealing  in  or 
handling  trees,  plants,  vines,  shrubs,  bulbs,  roots,  cuttings,  etc.,  before  shipping 
nto  the  State  shall  register  his  name,  firm,  or  corporation  and  file  a copy  of 
lis  or  its  certificate  of  inspection,  furnished  by  the  entomologist,  fruit  inspector, 
>r  duly  authorized  government  official  of  his  State,  countiy,  or  province,  with 
i:he  secretary  of  the  State  board  of  entomology.  All  packages,  boxes,  bales, 
barloads  of  plants,  commonly  known  as  greenhouse  or  nursery  stock,  imported 
nto  the  State  shall  be  plainly  labeled  on  the  outside  with  the  names  of  the 
?onsignor  and  consignee,  and  a certificate  showing  that  the  said  contents  had 
been  inspected  by  a reputable  State  or  Government  official.  Upon  the  failure 
)f  any  person  or  persons  to  subscribe  to  the  declarations  set  forth  in  this  sec- 
ion,  said  stock  shall  be  confiscated  under  the  order  of  the  State  entomologist 
md  plant  pathologist. 

i Sec.  9.  Be  it  further  enacted,  That  the  Tennessee  State  board  of  entomology 
shall  have  the  power  to  adopt  such  quarantine  rules  and  other  regulations,  not 
nconsistent  with  the  constitution  of  the  State  and  United  States,  as  they  may 
deem  necessary  to  prevent  the  introduction  of  dangerously  injurious  fruit  or  crop 
pests  or  diseases  from  without  the  State,  and  to  govern  common  carriers  in 
transporting  shipments  liable  to  harbor  such  pests  or  diseases  to  or  from  the 
State,  and  such  regulations  shall  have  the  force  of  law. 

Sec.  10.  Be  it  further  enacted,  That  any  agent,  common  carrier,  railroad, 
steamboat,  or  express  company  found  delivering  within  the  bounds  of  the  State 


138 


LAWS  AGAINST  INJURIOUS  INSECTS. 


any  plants,  trees,  shrubs,  vines,  cuttings,  bulbs,  roots,  etc.,  under  condition! 
otherwise  than  that  provided  in  this  act,  shall  be  found  guilty  of  a misdemeanoj 
and  fined  not  less  than  twenty-five  ($25)  dollars  nor  more  than  fifty  ($50) 
dollars  for  the  first  offense  and  one  hundred  ($100)  dollars  for  each  offenst 
thereafter. 

Sec.  11.  Be  it  further  enacted,  That  all  nursery  stock  sold,  shipped,  or  deliv; 
ered  within  this  State  or  shipped  into  this  State  from  other  States  shall  b( 
treated  or  fumigated  as  may  be  required  by  the  regulations  of  the  Tennesse* 
State  board  of  entomology  hereinbefore  provided  for. 

Sec.  12.  Be  it  further  enacted,  That  upon  knowledge  coming  from  any  countj 
within  the  State  to  the  board  of  control  that  noxious  insect  pests  or  plant  dis 
eases  exist  in  said  county,  or  in  close  proximity  in  an  adjoining  county,  th< 
State  entomologist  and  plant  pathologist  shall  be  empowered  by  said  board  tc 
investigate  as  speedily  as  possible  the  supposed  infectious  district ; and  if,  upoi 
examination,  dangerous  insect  pests  or  infectious  plant  diseases  are  disclosed 
such  infected  premises  shall  be  treated  in  accordance  with  this  act,  as  prel 
scribed  in  sections  5 and  6. 

Sec.  13.  Be  it  further  enacted,  That  the  State  entomologist  and  plant  patholo! 
gist  shall  submit  to  the  State  board  of  entomology  a monthly  report  of  wort 
done.  He  shall  also  submit  an  annual  report  on  or  before  the  first  of  Februarj 
of  each  year  to  the  governor  of  the  State,  embracing  a review  of  inspections  anc] 
investigations  made  and  the  condition  of  the  State  relative  to  insect  pests  anc| 
plant  diseases,  which  shall  be  published,  as  are  other  State  reports,  for  genera' 
distribution. 

Sec.  14.  Be  it  further  enacted,  That  the  sum  of  two  thousand  ($2,000)  dollars! 
annually  be,  and  is  hereby,  appropriated  to  the  State  board  of  entomology  ir 
order  to  carry  out  the  provisions  of  this  act — namely,  to  employ  a eompetemj 
State  entomologist  and  plant  pathologist ; to  procure  the  requisite  facilities! 
and  equipment  necessary  for  the  proper  discharge  of  duties  herein  incurred  I 
to  support  a reasonable  amount  of  investigation  in  addition  to  the  inspectioi! 
work  of  the  State,  and  to  publish  the  results  of  observations  and  investigations! 
made  in  bulletin  form,  which  may  disseminate  information  that  will  prove  use! 
ful  to  the  agricultural  and  horticultural  interests  of  the  State. 

Sec.  15.  Be  it  further  enacted,  That  the  comptroller  of  the  State  be,  and  id 
hereby,  authorized  to  issue  his  warrant  upon  the  State  treasurer  for  the  sum  ol  i 
two  thousand  ($2,000)  dollars  annually  out  of  any  funds  not  otherwise  appro  n 
priated ; that  the  said  sum  of  money  shall  be  made  payable  quarterly  to  th(| 
State  board  of  entomology  and  only  upon  the  presentation  of  the  propel : 
vouchers. 

Sec.  16.  Be  it  further  enacted,  That  the  State  board  of  entomology  shall  have! 
power  to  adopt  such  rules  and  regulations  governing  insect  and  plant  pests! 
within  the  bounds  of  the  State  as  are  not  inconsistent  with  the  constitution  ol 
the  State  and  the  United  States;  that  said  board  shall,  within  sixty  (60)  days.] 
from  the  passage  of  this  act,  draft  and  publish  through  the  State  press  all  rules! 
and  regulations  necessary  to  carry  into  full  and  complete  effect  the  embodiment! 
of  this  act,  cautiously  and  wisely  outlining  the  diseases  and  maladies  caused  bj 
both  insect  and  fungus,  and  explaining  what  constitutes  infectious  plant  disease6  ! 
in  the  eyes  of  the  law. 

Sec.  17.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  aftei  I 
its  passage,  the  public  welfare  requiring  it ; and  that  all  laws  or  parts  of  laws  iql 
conflict  with  this  act  are  hereby  repealed. 

Approved  April  17,  1905. 


TENNESSEE. 


139 


Amended  Rules  and  Regulations  of  the  State  Board  of  Entomology. 

1.  The  following  insects  and  fungous  diseases  are  declared  to  constitute 
festation  in  trees  and  plants : 

The  San  Jose  scale  ( Aspidiotus  perniciosus) . 

The  new  peach  scale  ( Aulacaspis  pentagona) . 

The  woolly  aphis  of  apple  ( Schieoneura  lanigera). 

The  Mexican  cotton  boll  weevil  ( Anthonomus  grandis ) . 

Black  knot  of  cherry  and  plum  ( Plowrightia  morbosa). 

Crown  gall. 

Rosette  of  peach  and  plum. 

Yellows  of  peach. 

2.  Every  person,  firm,  and  corporation  desiring  to  conduct  the  business  of  a 
jrsery  or  to  sell  fruit  and  ornamental  trees  and  plants,  commonly  known  as 
jrsery  stock,  shall  apply  to  the  State  entomologist,  Knoxville,  Tenn.,  on  or 
Tore  July  1,  1906,  and  annually  thereafter,  for  the  inspection  of  their  nursery 
ock ; and  they  shall  inform  the  State  entomologist  of  the  location  of  the 
jrsery  or  nursery  stock  to  be  inspected,  its  acreage,  extent,  and  amount,  so  that 
•rangements  can  be  made  for  the  prompt  inspection  of  said  stock. 

I 3.  Nursery  stock  is  construed  to  include  all  fruit,  shade,  ornamental,  and  nur 
•ees,  bush  fruits,  grapevines,  and  strawberry  plants,  and  all  buds,  grafts,  cions, 
id  cuttings  from  same. 

4.  In  accordance  with  section  11  of  the  law,  all  trees,  buds,  grafts,  scions,  or 
ittings  of  apple,  apricot,  cherry,  peach,  pear,  plum,  and  quince,  which  shall  be 

||)ld  in  the  State  of  Tennessee,  shall  be  fumigated  shortly  before  shipment  or 
Tivery  with  hydrocyanic  acid  gas. 

At  the  time  of  the  nursery  inspection  the  fumigating  house  or  box  shall  also 
i inspected,  and  must  be  found  in  a satisfactory  condition ; otherwise  no  certifi- 
tte  can  be  granted. 

5.  No  person,  firm,  or  corporation  shall  sell,  offer  for  sale,  exchange,  barter,  or 
ive  away  any  nursery  stock  grown  within  the  State  of  Tennessee,  unless  in 
bssession  of  a valid  certificate  of  inspection  previously  obtained  from  the  State 
bard  of  entomology. 

6.  The  State  entomologist,  or  his  assistants,  shall,  on  or  before  September  1 
ijC  each  year,  inspect  all  nurseries  and  nursery  stock  within  the  State,  and  if 
)Und  free  of  infestation  a certificate  of  inspection  shall  be  issued  covering  same, 
bod  until  August  1 of  the  year  following. 

7.  If  infestation  is  found  in  any  nursery,  greenhouse,  or  nursery  stock,  the 
srtificate  shall  be  withheld  until  the  premises  have  been  so  treated  that  the 
liable  stock  to  be  covered  by  said  certificate  shall  be  free  from  such  infestation ; 
ad  such  treatment  shall  be  prescribed  by  the  entomologist  making  the  inspec- 
on. 

In  case  part  of  a nursery  shall  be  found  infested,  no  certificate  shall  be 
ranted,  but  isolated  blocks  of  nursery  stock  not  infested  may  be  considered  as 
iparate  nurseries,  and  a certificate  covering  such  stock  may  be  issued  after  all 
ie  infested  blocks  have  been  treated  as  ordered  by  the  inspector.  If  in  the 
jdgment  of  the  inspector  infested  stock  is  in  so  bad  a condition  as  to  be 
nworthy  of  remedial  treatment,  it  shall  be  destroyed,  subject  to  appeal,  as  pro- 
ided  by  law. 

8.  On  complaint  to  the  State  entomologist  by  any  citizen  that  infestation  exists 
i any  orchard,  garden,  or  other  grounds,  said  grounds  shall  be  inspected  by  the 
ntomologist  or  his  assistant.  If  the  infested  plants  can  be  saved  by  remedial 
ction  the  inspector  shall  prescribe  treatment,  but  if  the  infestation  is  so  great 
bat,  in  the  judgment  of  the  inspector,  the  plants  are  not  worth  treatment,  they 


140 


LAWS  AGAINST  INJURIOUS  INSECTS. 


shall  be  destroyed  at  the  expense  of  the  owner.  Appeal  can  be  made  to  the  State® 
board  of  entomology,  as  provided  by  law. 

9.  Every  carload,  box,  bale,  package,  or  delivery  of  nursery  stock  which  hi 
sold,  exchanged,  etc.,  by  any  person,  firm,  or  corporation  within  the  State  of  Ten  i 
nessee,  shall  be  accompanied  by  a copy  of  the  certificate  of  inspection  plainly  anil 
securely  attached.  This  means  that  every  individual  sale  or  bill  shall  bear  <1 
copy  of  the  certificate.  Any  nursery  stock  not  thus  marked  is  liable  to  !>(• 
destroyed  without  compensation  to  the  consignor,  who  is  further  liable  to  a fiml 
of  not  less  than  $100.00.  No  transportation  company,  or  agent  thereof,  majl 
accept  for  shipment  any  nursery  stock  not  accompanied  by  a copy  of  certificatil 


of  inspection. 

10.  Any  person,  firm,  or  corporation  without  the  State  of  Tennessee,  desiring  | 
to  do  business  within  this  State  shall  file  with  the  State  entomologist,  who  hi 
also  secretary  of  the  board,  at  Knoxville,  Tenn.,  a copy  of  his  certificate  oil 
inspection  issued  by  the  proper  official  of  his  State.  And  every  shipment  ol 
nursery  stock  shipped  into  the  State  of  Tennessee  must  be  accompanied  by  s >; 
copy  of  such  certificate  of  inspection. 

11.  Shipments  of  nursery  stock  not  properly  labeled  shall  be  refused  foi 
shipment  by  all  common  carriers  and  their  agents.  Transportation  companies  ' 
and  their  agents  shall  immediately  notify  the  State  entomologist  and  planl 
pathologist,  Knoxville,  Tenn.,  when  by  oversight,  negligence,  or  otherwise  anj 
shipment  of  nursery  stock  without  a proper  certificate  attached  shall  arrive  al 
any  station  or  wharf  in  this  State,  and  it  shall  be  the  duty  of  the  entomologisl 
and  plant  pathologist  or  his  assistant  as  speedily  as  possible  to  investigate  and 
dispose  of  such  shipment. 

12.  In  accordance  with  section  9 of  the  law,  and  in  order  to  prevent  the  im 
portation  of  the  Mexican  cotton  boll  weevil  into  Tennessee  from  the  State  ol 
Texas  and  the  infested  portion  of  Louisiana,  a quarantine  is  hereby  declared  . 
against  the  following  counties  of  the  State  of  Texas : 


Anderson, 

Angelina, 

Aransas, 

Atascosa, 

Austin, 

Bastrop, 

Bee, 

Bell, 

Bexar, 

Blanco, 

Bosque, 

Bowie, 

Brazoria, 

Brazos, 

Brown, 

Burleson, 

Burnet, 

Caldwell, 

Calhoun, 

Cameron, 

Camp, 

Cass, 

Chambers, 

Cherokee, 

Collin, 

Colorado, 

Comal, 

Comanche, 

Cook, 

Coryell, 

Dallas, 

Delta, 

Denton, 

Dewitt, 


Duval, 

Eastland, 

Ellis, 

Erath, 

Falls, 

Fannin, 

Fayette, 

Fort  Bend, 

Franklin, 

Freestone, 

Galveston, 

Gillespie, 

Goliad, 

Gonzales, 

Grayson, 

Gregg, 

Grimes, 

Guadalupe, 

Hamilton, 

Hardin, 

Harris, 

Harrison, 

Hays, 

Henderson, 

Hidalgo, 

Hill, 

Hood, 

Hopkins, 

Houston, 

Hunt, 

Jack, 

Jackson, 

Jasper, 

Jefferson, 


Johnson, 

Karnes, 

Kaufman, 

Kent, 

Kendall, 

Lamar, 

Lampasas, 

Lavaca, 

Lee, 

Leon, 

Liberty, 

Limestone, 

Live  Oak, 

Llano, 

Madison, 

Marion, 

Matagorda, 

McLellan, 

McMullen, 

Milam. 

Mills, 

Montague, 

Montgomery, 

Morris, 

Nacogdoches, 

Navarro, 

Nueces, 

Newton, 

Orange, 

Palo  Pinto, 

Panola, 

Parker, 

Polk, 

Rains, 


Red  River, 
Refugio, 
Roberson, 
Rockwell, 

Rusk, 

Sabine, 

San  Augustine, 
San  Jacinto, 
San  Patricio, 
San  Saba, 
Shelby, 

Smith, 

Somervell, 

Starr, 

Stephens, 

Tarrant, 

Titus, 

Travis, 

Trinity, 

Tyler, 

TTpshur, 

Van  Zandt, 

Victoria, 

Walker, 

Waller, 

Washington, 

Wharton, 

Williamson, 

Wilson, 

Wise, 

Wood, 


and  the  following  parishes  of  Louisiana : Bossier,  Caddo,  Calcasieu,  Cameron 
De  Soto,  Grant,  Sabine,  St.  Landry,  and  Vernon,  as  well  as  those  portions  of 
Red  River,  Natchitoches,  and  Rapides  parishes  lying  west  of  the  Red  River. 


TEXAS. 


141 


(a)  No  cotton  lint  (loose,  baled,  flat,  or  compressed),  cotton  seed,  seed  cot- 
)n,  cotton-seed  hulls,  seed-cotton  or  cotton-seed  sacks  (which  have  been  used), 
r corn  in  the  shuck  shall  be  shipped  into  Tennessee  from  the  infested  coun- 
es  of  Texas  and  parishes  of  Louisiana,  as  above  enumerated. 

(b)  Shipments  of  household  goods  from  the  infested  areas  of  Texas  and 
,ouisiana  shall  not  be  admitted  into  Tennessee  unless  accompanied  by  an  affi- 
avit  attached  to  the  waybill,  to  the  effect  that  the  shipment  contains  no  cotton 
nt,  cotton  seed,  seed  cotton,  cotton-seed  hulls,  seed-cotton  or  cotton-seed  sacks, 
r corn  in  the  shuck. 

(c)  It  shall  be  unlawful  for  anyone  in  Tennessee  to  have  in  his  possession 
ve  Mexican  cotton  boll  weevils.  The  public  is  urged  to  recognize  the  danger 
f introducing  unwittingly  live  boll  weevils  for  inspection,  observation,  or  ex- 
eriment. 

Adopted  February  12,  1906. 


TEXAS. 

Ln  Act  to  prevent  the  keeping  of  certain  fruit  trees  affected  with  yellows,  crown  gall, 
black  knot,  or  any  tree,  shrub,  or  plant  infested  with  or  by  San  Jose  scale  or  other 
dangerous,  injurious,  or  destructive  pest ; and  declaring  such  affected  and  infested 
trees,  shrubs,  and  plants  a public  nuisance,  and  making  it  the  duty  of  the  commis- 
sioner of  agriculture,  insurance,  statistics,  and  history  to  seek  out  and  destroy  such 
trees,  shrubs,  and  plants,  or  cause  the  same  to  be  done,  or  to  have  such  affected  or 
infested  trees  treated  ; and  providing  the  manner  of  such  destruction  and  treatment, 
and  for  an  investigation  by  the  commissioner  of  agriculture,  insurance,  statistics,  and 
history  when  he  believes,  or  has  reason  to  believe,  that  any  such  diseases  or  pests  may 
exist  in  this  State,  and  providing  the  manner  of  combating  such  diseases  and  pests, 
and  the  prevention  of  their  spread  and  dissemination  ; providing  for  the  examination 
of  nurseries  and  giving  certificates  to  that  effect ; regulating  the  importation  of  trees, 
shrubs,'  and  plants  from  without  the  State ; forbidding  the  selling,  consigning,  or 
shipping  of  nursery  stock  ^without  such  certificates  ; providing  for  the  fumigation  of 
certain  trees,  shrubs,  and  plants;  providing  penalties,  and  making  an  appropriation, 
and  declaring  an  emergency. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State  of  Texas,  No  person 
n this  State  shall  knowingly  or  willfully  keep  any  peach,  almond,  apricot,  or 
tectarine  trees  affected  with  the  contagious  disease  known  as  yellows.  Nor 
hall  any  person  keep  any  peach,  plum,  or  other  tree  affected  with  crown  or 
oot  gall,  nor  shall  any  person  knowingly  or  willfully  keep  any  plum,  cherry, 
>r  other  trees  affected  with  the  contagious  disease  or  fungus  known  as  black 
:not,  nor  any  tree,  shrub,  or  plant  infested  with  or  by  the  San  Jose  scale  or  other 
nsect  pest  dangerously  injurious  to  or  destructive  of  trees,  shrubs,  or  other 
>lants ; every  such  tree,  shrub,  or  plant  shall  be  a public  nuisance,  and  as  such 
diall  be  abated,  and  no  damage  shall  be  awarded  for  entering  upon  premises 
ipon  which  there  are  trees,  shrubs,  or  plants  infected  with  yellows,  black  knot, 
Town  gall,  or  other  infectious  dangerous  disease,  or  infected  with  San  Jose 
'Cale  or  other  dangerous  insect  pest,  for  the  purpose  of  legally  inspecting  the 
'awe,  nor  shall  any  damages  be  awarded  for  the  destruction  by  the  commis- 
>ioner  of  agriculture,  insurance,  statistics,  and  history,  or  his  duly  authorized 
igents  or  representatives,  of  such  trees,  shrubs,  or  plants,  or  altogether  destroy- 
ng  such  trees  if  necessary  to  suppress  such  disease,  if  done  in  accordance  with 
he  provisions  of  this  article,  except  as  otherwise  herein  provided.  Every  per- 
son, when  he  becomes  aware  of  the  existence  of  such  disease  or  insect  pest  in  any 
Tee  owned  by  him,  shall  forthwith  report  the  same  to  the  commissioner  of  agri- 
culture, at  Austin,  Texas,  and  the  said  commissioner  shall  take  such  action  as 
the  law  provides.  If  in  the  judgment  of  said  commissioner,  or  the  person  or 


142 


LAWS  AGAINST  INJURIOUS  INSECTS. 


persons  representing  him,  the  trees,  shrubs,  or  other  plants  so  infected,  infest® 
or  diseased  should  be  destroyed,  then  such  destruction  shall  be  carried  on  an 
completed  under  the  supervision  of  said  commissioner,  or  the  person  or  persoi 
dulj  appointed  by  him  and  authorized  so  to  do,  without  unnecessary  delay 
but  the  owner  of  the  trees,  shrubs,  or  plants  shall  be  notified  immediately  ui>o 
its  being  determined  that  such  trees,  shrubs,  or  plants  should  be  destroy^ 
by  a notice  in  writing  signed  by  said  commissioner,  or  the  person  or  person 
representing  him,  which  said  notice  in  writing  shall  be  delivered  in  person  1 
the  owner  of  such  trees,  shrubs,  or  plants,  or  left  at  the  usual  place  of  resident! 
of  such  owner,  or  if  such  owner  be  not  a resident  of  the  locality,  to  notify  b 
leaving  such  notice  with  the  person  in  charge  of  the  premises,  trees,  shrubs,  o 
plants,  or  in  whose  possession  they  may  be;  such  notice  shall  contain  a brie 
statement  of  the  facts  found  to  exist,  whereby  it  is  necessarv  to  destroy  sue 
trees,  shrubs,  or  plants,  and  shall  call  attention  to  the  law  under  which  it  i 
proposed  to  destroy  them,  and  the  owner  shall  within  ten  days  from  the  dat 
upon  which  such  notice  shall  have  been  received  remove  and  burn  all  sue 
diseased  or  infected  trees,  shrubs,  or  plants.  If,  however,  in  the  judgmei 
of  said  commissioner,  or  person  representing  him,  any  trees,  shrubs,  or  plant 
infected  with  any  disease  or  infested  with  dangerously  injurious  insects  cai 
be  treated  with  sufficient  remedies,  he  may  direct  such  treatment  to  be  carrie 
out  1)3  the  owner  under  the  direction  of  the  commissioner’s  agent  or  agenta 
In  case  of  objections  to  the  findings  of  the  inspector  or  agent  o£  the  commiJ 
sioner,  an  appeal  may  be  made  to  the  commissioner,  whose  decision  shall  W 
final.  An  appeal  must  be  taken  within  three  days  from  service  of  said  notice 
and  sha11  act  as  a stay  of  proceedings  until  it  is  heard  and  decided.  When  th 
commissioner,  or  person  or  persons  appointed  by  him,  shall  determine  that  an 
tree  or  trees,  shrubs,  or  other  plants  must  be  treated  or  destroyed  forthwith,  h 
may  employ  all  necessary  assistance  for  that  purpose,  and  such  person  or  per 
sons,  agent  or  agents,  employe  or  employes  may  enter  upon  any  or  all  premise] 
necessary  for  the  purpose  of  such  treatment,  removal,  or  destruction.  Bu 
such  commissioner,  or  the  person  representing  him,  shall,  before  such  treat 
ment  or  destruction,  first  require  the  owner  or  person  in  charge  of  such  trees] 
shrubs,  or  plants  to  treat  or  destroy  same,  as  the  case  may  be,  and  upoil 
the  refusal  or  neglect  upon  the  part  of  said  owner  or  persons  in  charge  to  sJ 
treat  or  destroy  such  trees,  plants,  or  shrubs,  then  such  commissioner  or  persoil 
or  persons  representing  him  shall  treat  or  destroy  such  trees,  shrubs,  or  plantJ 
and  all  reasonable  charges  and  expenses  thereof  shall  be  paid  by  such  owner  o 
person  m charge  of  said  trees,  shrubs,  or  plants,  and  shall  constitute  a legal' 
claim  against  such  owner  or  person  in  charge,  which  may  be  recovered  in  am 
court  having  jurisdiction,  upon  the  suit  of  such  commissioner  or  the  counUi 
attorney  of  the  county  where  the  premises  are  situated,  together  with  all  costs: 
including  an  attorney  fee  of  ten  dollars,  to  be  taxed  as  other  costs. 

Sec.  2.  When  such  commissioner  knows  or  has  reason  to  believe  that  any  such! 
contagious  disease  exists,  or  that  there  is  good  reason  to  believe  it  exists,  oi 
danger  is  justly  apprehended  of  its  introduction  in  any  locality  in  the  State,  or, 
that  any  dangerously  injurious  insect  pest  exists  within  this  State  and  ha* 
reason  to  beheve  that  danger  may  be  justly  apprehended  from  its  existence,  hi 
► hall  forthwith  send  some  competent  person  and  such  agent  or  agents  as  Ik 
may  deem  necessary  to  assist  in  extirpating  said  pest  or  pests,  disease  or  dis 
eases,  and  the  said  commissioner  is  hereby  authorized  and  empowered  to  take 
such  steps  and  do  whatever  may  be  deemed  necessary  to  so  control  or  prevent 
’ I and  to  extirpate  said  pest  or  pests,  disease  or  diseases,  and  he 
shall  cause  an  examination  to  be  made  at  least  once  each  year  prior  to  Novern 


TEXAS. 


143 


r first  of  each  and  every  nursery  or  other  place  where  trees,  shrubs,  or  plants, 
mmonly  Known  as  nursery  stock,  are  grown  for  sale,  for  the  purpose  of  ascer- 
ining  whether  the  trees,  shrubs,  or  plants  therein  kept  or  propagated  for 
ile  are  infected  with  any  such  contagious  disease  or  diseases  or  infested  with 
cli  pest  or  pests.  If  after  such  examination  it  is  found  that  the  said  trees, 
(rubs,  or  other  plants  so  examined  are  free  in  all  respects  from  any  contagious 
infectious  disease  or  diseases,  dangerously  injurious  pest  or  pests,  the  said 
mmissioner,  or  his  duly  authorized  agent  or  other  person  designated  to 
ike  such  examination,  shall,  upon  the  payment  of  the  fees  hereafter  provided, 
me  to  the  owner  or  proprietor  of  the  said  stock  so  examined  a certificate 
tting  forth  the  fact  that  the  stock  so  examined  is  apparently  free  from  any 
id  all  such  disease  or  diseases,  pest  or  pests.  Should  any  nursery  agent  or 
aler  or  broker  send  out  or  deliver  within  the  State  trees,  vines,  shrubs,  plants, 
ids,  or  cuttings,  commonly  known  as  nursery  stock,  and  which  are  subject  to 
e attacks  of  insects  and  diseases  above  provided  for,  unless  he  has  in  his 
•ssession  a copy  of  said  certificate  dated  within  a year  thereof,  deface  or 
istroy  such  certificate,  or  wrongfully  be  in  possession  of  such  certificate,  he 
lall  be  guilty  of  a misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
le  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars. 
11  nursery  stock  consigned  for  shipment  or  shipped  by  freight,  express,  or 
her  means  of  transportation  shall  be  accompanied  by  a copy  of  said  certificate 
tached  to  each  car,  box,  bale,  bundle,  or  package.  Any  person  selling  or 
insigning  for  shipment,  or  shipping  nursery  stock  as  above,  without  such  cer- 
Scate  attached,  shall  be  guilty  of  a misdemeanor,  and  shall  be  punished  by  a 
le  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars. 
11  trees,  plants,  shrubs,  buds,  or  cuttings,  commonly  called  nursery  stock, 
•own  in  any  nursery  in  this  State  in  which  San  Jose  scale  has  been  found 
ithin  two  years  of  the  date  of  the  dissemination  of  said  nursery  stock,  or  grown 
i said  nursery  within  one-half  a mile  of  where  said  scale  was  found,  and  also 
;1  nursery  stock  from  outside  of  this  State  disseminated  or  planted  in  this 
tate,  after  the  first  day  of  November,  1905,  must  be  fumigated  with  hydro- 
ranic  gas  in  such  manner  as  may  be  directed  by  the  commissioner  of  this  State, 
ucli  fumigation  must  be  done  by  the  grower,  consignor,  or  consignee  of  such 
:ock  before  planting,  dissemination  or  reshipment,  except  such  trees,  shrubs, 
lants,  buds,  or  cuttings  grown  in  this  State  as  are  planted  by  the  grower  or 
ropagator  for  himself,  or  such  as  from  its  nature  or  state  of  growth  would  be 
tempt ; in  such  cases  the  commissioner  shall  declare  such  trees,  shrubs,  plants, 
ids,  or  cuttings  free  from  such  treatment.  All  nursery  stock  brought  into  this 
tate  from  outside  of  this  State  must  be  accompanied  by  a certificate  from  the 
msignor  that  it  has  been  fumigated  as  aforesaid.  Whenever  any  trees,  shrubs, 
lants,  or  other  nursery  stock  are  shipped  into  this  State  from  another  State, 
>unty,  or  province,  every  package  thereof  shall  be  plainly  labeled  on  the 
ntside  with  the  name  of  the  consignor,  the  name  of  the  consignee,  the  contents, 
nd,  in  addition  to  the  certificate  of  fumigation  above  provided  for,  by  a cer- 
ficate  showing  that  the  contents  have  been  inspected  by  a State  or  Government 
fficer,  and  that  the  trees,  shrubs,  plants,  or  other  nursery  stock  therein  con- 
fined appear  to  be  free  from  all  injurious  insects  or  diseases. 

Sec.  3.  Whenever  any  nursery  stock  is  shipped  into  this  State  without  such 
n-tificate,  the  fact  shall  be  reported  to  said  commissioner  within  twenty-four 
ours  by  the  railroad,  express,  or  other  transportation  company,  or  other  per- 
m or  persons  carrying  the  same ; and  any  agent  of  any  such  railroad,  express, 
r other  transportation  company,  or  any  person  or  persons  who  shall  violate  the 
rovisions  of  this  article  shall  be  punished  by  a fine  of  not  less  than  fifty  nor 
lore  than  two  hundred  dollars  for  each  offense.  The  consignee  or  person  re- 


144 


LAWS  AGAINST  INJURIOUS  INSECTS. 


ceiving  such  stock  shall,  before  selling,  using,  or  disposing  of  same,  fumiJa 
such  stock  in  accordance  with  the  rules  of  said  commissioner,  with  hydroc.vag 
gas,  or  procure  a certificate  from  said  commissioner  that  he  has  examined  su', 
stock  and  found  the  same  to  be  apparently  free  from  San  Jose  scale  and  otM 
insect  pests,  and  from  all  dangerously  infectious  diseases;  and  any  one  viola 
ing  the  provisions  of  this  section  shall  be  punished  by  a fine  of  not  less  tbj 
twenty-five  dollars  nor  more  than  two  hundred  dollars.  The  words  “ nurse 
stock  ” wherever  used  in  this  article  shall  apply  to  and  include  all  trees,  shrul 
plants,  or  buds  grown  for  nursery,  basket,  or  other  commercial  purposes, 
cuttings,  whether  grown  in  a nursery  or  elsewhere,  so  far  as  it  relates  to  fun 
gation.  The  provisions  of  this  and  the  preceding  sections  shall  not  apply 
florists,  greenhouse  plants,  flowers,  or  cuttings  commonly  known  as  greenhol 
stock. 

Sec.  4.  Should  any  trees,  shrubs,  plants,  or  other  nursery  stock  be  shippi 
into  this  State  under  the  certificate  required  in  section  2 of  this  act  witho 
being  first  fumigated  as  required  therein,  or  without  having  been  inspected 
required  in  section  2,  or  should  it  be  made  to  appear  that  any  such  certifica 
is  false,  and  that  the  nursery  stock  to  which  it  relates  is  not  free  from  insei 
pests  or  dangerous  contagious  diseases,  such  certificate  shall  be  disregard! 
and  such  trees,  shrubs,  plants,  or  nursery  stock  shall  be  held  to  have  been  shipp< 
without  such  certificate  as  far  as  their  sale,  use,  or  disposition  is  concerne 
and  said  commissioner  shall  when  deemed  necessary  cause  any  trees,  shrul 
Plants,  or  other  nursery  stock  shipped  into  this  State  from  without  the  Sta 
to  be  examined,  and  where  necessary  have  such  trees  fumigated  or  destroys 
and  when  it  comes  to  the  knowledge  of  said  commissioner  that  any  perso 
firm,  or  corporation  is  shipping  into  this  State,  or  is  about  to  ship  any  tret 
Plants,  shrubs,  or  other  nursery  stock  under  a false  certificate,  such  cornmi 
Sionor  shall  forbid  such  shipment  and  give  warning  to  the  public  of  same. 

Sec.  5.  The  commissioner  of  agriculture,  insurance,  statistics,  and  histoi 
shall  make  such  rules  and  regulations  as  may  be  deemed  proper  for  carryii 
into  effect  this  act,  not  inconsistent  with  same,  and  for  the  inspection  of  nu 
series,  and  may  call  into  service  the  State  entomologist  when  not  otherwise  e: 
gaged,  and  also  such  other  person  or  persons  as  may  be  necessary,  and  he  sha 
fix  and  collect  any  reasonable  fees  for  inspecting  nurseries,  to  be  paid  by  tl 
person  or  persons  for  whom  such  inspection  is  made. 

Sec.  6.  If  said  commissioner  or  any  of  his  agents  or  employes  give  a fall 
certificate,  or  a certificate  without  an  actual  examination  of  the  nursery  stoc 
for  which  such  certificate  is  given,  to  any  owner,  proprietor,  or  lessee  of  an 
nursery,  or  to  any  other  person  for  use  under  the  provisions  of  this  chapter,  1 
shall  be  deemed  guilty  of  a misdemeanor,  and  on  conviction  shall  be  punishe 
by  a fine  of  not  less  than  five  hundred  dollars  nor  more  than  one  thousand  dc 
lars  for  each  offense. 

Sec.  7.  That  the  sum  of  one  thousand  dollars  or  so  much  thereof  as  may  If 
necessary  is  hereby  appropriated  out  of  any  funds  in  the  State  treasury  nJ 
otherwise  appropriated  to  carry  out  the  provisions  of  this  act. 

Sec.  8.  T he  fact  that  there  is  no  law  in  this  State  to  prevent  the  introductioi 
dissemination,  and  spread  of  San  Jose  scale  and  other  dangerous  insect  pel 
and  contagious  dangerous  diseases, -and  that  the  fruit  industry,  one  of  the  mo: 
important  in  this  State,  is  seriously  menaced  and  threatened  with  irreparabl 
loss  and  injury,  creates  an  emergency,  and  an  imperative  public  necessity  r 
quiring  the  constitutional  rule  requiring  bills  to  be  read  on  three  several  da\ 
be  suspended,  and  is  hereby  suspended,  and  that  this  act  take  effect  and  be  i 
force  from  and  after  its  passage,  and  it  is  so  enacted. 

In  effect  now. 


TEXAS. 


145 


Rules  and  Regulations  of  the  Commissioner  of  Agriculture. 

PESTS  AND  DISEASES  DANGEROUS,  INJURIOUS,  OR  DESTRUCTIVE. 

(1)  In  accordance  with  section  1 of  the  above-cited  act  the  following  insect 
sts  and  fungous  diseases  are  hereby  declared  injuriously  infective  and  con- 
igious ; this  list  to  be  revised  at  the  will  of  the  commissioner  of  agriculture : 

San  Jose  scale  ( Aspidiotus  perniciosus) . 

Wooly  aphis  of  apple  ( Schizoneura  lanigera). 

The  new  peach  scale  ( Diaspis  pentagona) . 

Mexican  cotton  boll  weevil  ( Anthonomus  grandis). 

Citrus  white  fly  ( Aleyrodes  citri). 

Purple  scale  ( Mytilaspis  citricola). 

Crown  or  root  gall. 

Yellows  of  peach. 

Rosette  peach  and  plum. 

Black  knot  plum  and  cherry. 

(2)  The  inspector  is  hereby  charged  by  the  commissioner  of  agriculture  of 
exas  with  the  enforcement  of  said  act,  and  as  inspector  is  directed  to  locate 
l personal  investigation,  correspondence,  and  in  such  other  manner  as  he  may 
jaem  best  the  above-named  pests,  so  far  as  they  may  exist  in  this  State,  and 
jive  such  directions  and  take  such  steps  in  accordance  with  the  above-cited  act 
8 he  may  deem  proper  and  necessary  to  control  or  eradicate  the  same. 

JWER  OF  COMMISSIONER  OF  AGRICULTURE,  HIS  AGENT  OR  AGENTS,  TO  DESTROY 

INFESTED  PLANTS. 

(3)  In  accordance  with  section  2 of  the  above-cited  act.  the  inspector  is 
ereby  empowered  to  treat  or  condemn  and  destroy  any  infested  trees,  shrubs, 
r other  plants  when  such  infestation  is  or  is  likely  to  become  a menace  to  the 
gricultural  interests  of  any  section  of  the  State  and  when  the  owner  or 
wners  of  infested  premises  shall  refuse  or  neglect  to  properly  execute  the  treat- 
ment prescribed  for  him  or  them  after  having  been  notified,  as  provided  in  sec- 
ion  1 of  said  act. 

CERTIFICATE — HOW  PROCURED. 


(4)  When  a nursery  has  been  inspected  by  the  commissioner  of  agriculture, 
iis  agent  or  agents,  and  the  inspection  fee  paid,  a certificate  will  then  be 
ssued  by  the  commissioner  of  agriculture,  setting  forth  therein  that  the  stock 
it  the  nursery  and  the  premises  of  the  person  or  persons  for  whom  the  inspec- 
ion  was  made  was  carefully  examined  in  compliance  with  the  law,  and  that 
t was  apparently  free  from  dangerously  injurious  insects  and  contagious  dis- 
eases ; each  and  every  certificate  thus  issued  is  good  for  one  year  from  date 
thereof. 

INSPECTION  FEE. 

(5)  In  accordance  with  section  5,  empowering  the  commissioner  of  agricul- 
ture to  fix  and  collect  any  reasonable  fees  for  inspecting  nurseries  to  be  paid  by 
the  person  or  persons  for  whom  such  inspection  is  made  a fee  of  $5.00  per  day 
and  necessary  traveling  expenses  is  to  be  charged,  and  must  be  paid  before 
such  certificate,  as  provided  for  in  rule  4,  can  be  issued. 


7418- — No.  61  m 10 


146 


LAWS  AGAINST  INJURIOUS  INSECTS. 


DISPOSITION  OF  INFESTED  NURSERY  STOCK  BEARING  CERTIFICATE. 

(6)  If  any  nursery  stock  shipped  into  the  State  of  Texas  under  certifica 
required  in  section  3 is  not  free  from  insect  pests  or  contagious  diseases,  t 
certificate  shall  be  disregarded,  and  the  nursery  stock  shall  be  held  to  have  be< 
shipped  without  certificate,  and  will  be  disposed  of  as  provided  for  in  section  • 
and  when  it  comes  to  the  knowledge  of  the  commissioner  of  agriculture  th 
any  person,  firm,  or  corporation  is  shipping  into  this  State,  or  is  about  to  shi 
any  trees,  plants,  shrubs,  or  other  nursery  stock  under  false  certificate,  su» 
commissioner  shall  forbid  such  shipments  and  give  warning  to  the  public  of  tl 
same. 

NURSERYMEN  TO  APPLY  FOR  INSPECTION  BEFORE  JULY  1. 

(7)  Persons  or  firms  in  the  State  of  Texas  growing  for  sale  trees,  cutting! 
shrubs,  vines,  or  other  plants  commonly  known  as  nursery  stock  shall  mall 
application  to  the  commissioner  of  agriculture  for  inspection  and  certificate  < 
or  before  the  1st  of  July  of  each  year,  except  for  year  1905 ; application  for  tb 
year  on  or  before  August  15th.  Any  person,  corporation,  or  firm  failing  to  mall 
application  to  have  his  or  their  stock  inspected  as  aforesaid  after  receipt  1 
notice  of  this  rule  shall  not  be  permitted  to  offer  for  sale  in  this  State  any  I 
said  stock  not  inspected : Provided , That  such  person,  corporation,  or  firm  ma 
make  written  application  to  the  commissioner  of  agriculture  to  be  relieved  I 
his  or  their  default  and  consequences,  and  offering  to  pay  any  additional  el 
pense  incurred  by  the  State  and  its  officers  by  reason  of  such  failure.  Til 
commissioner  of  agriculture  may,  upon  a proper  showing,  order  an  inspection  <1 
said  nursery. 

OFFICIAL  CERTIFICATE  AND  TAGS HOW  SECURED  OUT  OF  THE  STATE.. 

(8)  Any  person  or  persons  residing  in  States  or  countries  outside  of  the  Sta' 
of  Texas,  dealing  in  or  handling  shrubs,  trees,  or  other  plants  in  this  State,  <1 
shipping  trees,  shrubs,  or  other  plants  therein,  shall  file  with  the  commissiond 
of  agriculture  of  Texas  a certified  copy  (or  a signed  duplicate  of  original)  < 
the  certificate  issued  by  the  entomologist,  fruit  inspector,  or  other  duly  autho 
ized  official  of  the  State  or  country  in  which  said  stock  was  grown.  Such  cel 
tificate  for  nurseries  south  of  the  northern  boundary  line  of  North  Carolin 
Tennessee,  and  Arkansas  must  be  based  upon  an  inspection  made  not  earlnj 
than  July  1st,  and  for  nurseries  north  of  said  line  upon  an  inspection  made  n< 
earlier  than  June  1st. 

COMMON  CARRIERS  MUST  REPORT  UNCERTIFIED  STOCK.  PENALTY  FOR  NEGLECT.  | 

(9)  Any  nursery  stock  shipped  into  the  State  of  Texas  without  certificai 
as  provided  for  in  section  3 shall  be  reported  to  the  commissioner  of  agricu: 
ture  within  24  hours  by  the  railroad,  express,  or  other  transportation  compani 
or  other  person  or  persons  carrying  the  same.  Any  agent  of  any  such  railroao 
express,  or  other  transportation  company,  or  any  person  or  persons  who  sha 
violate  the  provisions  of  this  act,  shall  be  punished  by  a fine  of  not  less  tha 
$50.00  nor  more  than  $200.00  for  each  offense. 

DISPOSING  OF  UNCERTIFIED  STOCK  BY  CONSIGNEE.  PENALTY  FOR  NEGLECT. 

(10)  The  consignee  or  person  receiving  uncertified  nursery  stock  shall,  befor 
selling,  using,  or  disposing  of  same,  fumigate  such  stock,  in  accordance  wit 


UTAH. 


147 


ie  rules  and  directions  of  the  commissioner  of  agriculture,  with  hydrocyanic 
id  gas,  or  procure  a certificate  from  said  commissioner  that  he  had  examined 
ch  stock  and  found  the  same  to  be  apparently  free  from  dangerously  injuri- 
es insect  pests  and  infectious  diseases ; any  one  violating  the  provisions  of 

I "is  section  shall  be  punished  by  a fine  of  not  less  than  $25.00  nor  more  than 
100.00.  (In  effect  November  1st,  1905,  and  after.)  See  section  3 of  this  act. 
■ (11)  The  words  “nursery  stock”  wherever  used  in  connection  with  this  act 
liall  apply  to  and  include  all  trees,  shrubs,  plants,  cuttings,  or  buds  grown  for 
Iirsery,  basket,  or  other  commercial  purposes,  or  cuttings,  whether  grown  in  a 
lirsery  or  elsewhere,  so  far  as  it  relates  to  fumigation.  The  provisions  of  this 
lid  Rule  10  shall  not  apply  to  florists,  greenhouse  plants,  flowers,  or  cuttings, 
jjuumonly  known  as  greenhouse  stock. 

WHAT  STOCK  TO  FUMIGATE. 

I 

| (12)  All  trees,  shrubs,  or  plants  commonly  known  as  nursery  stock,  with  the 
Itception  of  conifers,  offered  for  sale,  sold,  or  given  away  in  this  State  shall  be 
limigated  with  hydrocyanic  acid  gas  by  the  grower,  under  the  direction  of  the 
limmissioner  of  agriculture,  provided  that  the  San  Jose  scale  has  been  found 
I ithin  two  years  of  the  date  of  the  dissemination  of  the  said  nursery  stock,  or 
(Town  in  said  nursery  within  one-half  mile  of  where  said  scale  was  found. 

1 pon  failure  of  any  grower  or  growers  to  comply  with  this  requirement,  certifi- 
fite  shall  be  withheld  or  canceled  and  the  case  disposed  of  as  provided  in  sec- 
ion  1 of  said  act. 

APPEALS  FROM  DECISION  OF  INSPECTOR. 

(13)  Appeals  from  the  decision  of  the  inspector  or  agent  shall  be  addressed 
[o  the  commissioner  of  agriculture  within  three  days  from  the  service  of  the 
otice  of  such  decision,  and  said  commissioner  will  notify  the  appellant  of  the 
ime  and  place  of  hearing  such  appeal.  The  decision  of  the  commissioner  of 
griculture  shall  be  final. 


UTAH. 

Chapter  98,  Session  Laws  of  1905. 

In  Act  creating  a State  board  of  horticulture,  providing  for  county  fruit-tree  inspectors, 
defining  their  duties,  providing  for  the  publication  and  distribution  of  their  reports, 
defining  the  duties  of  orchardists  and  nurserymen,  and  repealing  chapter  104,  laws 
of  Utah,  1903. 

Be  it  enacted  by  the  legislature  of  the  State  of  Utah: 

Section  1.  A State  board  of  horticulture  is  hereby  created  consisting  of  five 
nembers,  one  of  whom  shall  be  the  director  of  the  Utah  Agricultural  College 
Experiment  Station,  and  the  other  four  shall  be  appointed  by  the  governor, 
oy  and  with  the  consent  of  the  senate,  one  from  each  of  the  four  horticultural 
.listricts,  which  are  hereby  constituted  as  follows : 

First.  The  counties  of  Boxelder,  Cache,  Rich,  Morgan,  and  Weber  shall  be 
known  as  district  No.  1. 

Second.  The  counties  of  Davis,  Salt  Lake,  Tooele,  Summit,  and  Wasatch 
shall  be  known  as  district  No.  2. 

Third.  The  counties  of  Utah,  Juab,  Carbon,  Emery,  Uintah,  San  Juan,  Grand, 
Sanpete,  and  Sevier  shall  be  known  as  district  No.  3. 


148 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Fourth.  The  counties  of  Millard,  Beaver,  Piute,  Wayne,  Iron,  Garfield,  Ks 
and  Washington  shall  be  known  as  district  No.  4. 

Sec.  2.  Upon  approval  of  this  act  the  governor  shall  appoint  four  membi 
no  more  than  three  of  whom  shall  belong  to  one  political  party,  and  their  tc 
of  office  shall  be  four  years  and  until  their  successors  are  appointed  and  qu 
tied.  The  members  appointed  from  each  district  shall  be  residents  of  the  < 
trict  from  which  they  are  appointed  and  shall  be  specially  qualified  by  pil 
tical  experience  and  study  in  connection  with  the  industries  dependent  uj 
horticulture.  Their  term  of  office  shall  begin  within  30  days  after  appointing 

Sec.  3.  Said  board  shall  have  an  office  at  the  State  capital,  which  shall  I 
maintained  at  the  expense  of  the  State,  and  within  30  days  after  their  appoi 
ment  they  shall  meet  and  organize  by  electing  a president  and  secretary  frj 
their  number.  The  State  treasurer  shall  be  ex  officio  treasurer  of  the  board.l 

Sec  4.  The  board  shall  meet  semiannually,  and  as  much  oftener  and  at  sil 
places  as  it  may  deem  expedient,  to  consult  and  adopt  such  measures  as  n| 
best  promote  the  horticultural  industries  of  the  State.  It  may  hold  institul 
and  horticultural  meetings,  and  may  appoint  competent  and  qualified  persJ 
to  lecture  in  each  of  the  horticultural  districts  named  in  section  1 of  this  I 
for  the  purpose  of  illustrating  practical  horticultural  topics  and  impartl 
instruction  in  the  methods  of  culture,  pruning,  fertilizing,  and  also  in  the  bl 
methods  of  treating  the  diseases  of  fruit  and  fruit  trees,  etc.,  cleansing  orcharl 
and  exterminating  insect  and  other  pests.  They  shall  also  confer  with  i| 
instruct  the  county  fruit-tree  inspectors  provided  for  herein  in  relation  to  tbl 
duties,  as  occasion  may  require,  and  shall  have  general  supervision  over  1 
enforcement  of  the  provisions  of  this  act. 

Sec.  5.  The  secretary,  besides  being  a practical  horticulturist,  shall  be  esl 
cially  qualified  for  his  office  by  experience  and  education  to  compile  and  corrl 
reports  and  essays,  to  present  in  a logical  order  all  the  information  to  be  pi 
lished  by  the  board.  It  shall  be  his  duty  to  attend  all  meetings  of  the  boa 
and  to  prepare  and  preserve  all  reports  of  its  proceedings  and  correspondenil 
to  collect  books,  pamphlets,  and  periodicals  and  other  documents  containipj 
information  relating  to  horticulture  and  to  preserve  the  same,  to  collect  stall 
tics  and  other  information  showing  the  actual  condition  and  progress  of  hoill 
culture  in  this  State  and  elsewhere,  and  prepare,  as  required  by  the  boa jJ 
reports  for  publication,  and  shall  distribute  by  mail  or  otherwise  the  bulletin 
reports,  and  other  publications  of  the  board  to  the  fruit  growers  of  the  St;* 
and  others  who  may  request  them,  and  to  perform  all  such  other  duties  as  mfj 
be  prescribed  by  the  board. 

Sec.  6.  The  compensation  of  each  appointed  member  of  the  State  board  fl 
horticulture  shall  be  $400  per  annum,  excepting  the  member  designated  to  jit! 
as  secretary,  provided  for  herein,  who  shall  receive  as  compensation  the  sia! 
of  $1,200  per  annum,  who  shall  devote  all  his  time  and  attention  to  the  boajfl 
and  shall  not  be  engaged  in  any  other  business.  In  addition  to  such  compe 
sation  each  member  of  the  board  shall  receive  the  amount  of  his  actual  al 
necessary  traveling  expenses  when  on  official  business.  The  salaries  and  ottp 
expenses  as  provided  herein  shall  be  paid  as  provided  in  case  of  other  St;? 
officers : Provided,  That  before  entering  upon  the  discharge  of  his  official  dut ; 
each  member  shall  make  and  subscribe  to  the  constitutional  oath  of  office. 

Sec.  7.  The  office  of  the  board  shall  be  in  charge  of  the  secretary  and  shi 
be  open  for  the  transaction  of  business  each  day  during  the  year,  excepti; 
Sundays  and  legal  holidays  and  excepting  such  time  as  the  secretary  of  U 
board  may  be  in  the  active  discharge  of  his  duties  outside  of  said  office:  Pi 
vided,  That  the  necessary  office  expenses  shall  be  paid  from  the  funds  here 
after  appropriated  as  other  expenses  are  paid. 


UTAH. 


149 


Src  8.  The  State  treasurer  is  hereby  authorized  to  receive  gifts,  donations 

uTTana  rzsrsfis 

^^rt^Stara^wmmiLtoners  aTdToTthe'  P«^ 
t„  q The  state  board  of  horticulture  is  hereby  vested  with  all  necessary 

. .....  m »«  .; 

fruit  and  tree  pests' and  diseases  of  fruit,  and  fruit,  shade,  and  ornamental 
ees  and  for  the  disinfection  of  grafts,  scions,  orchard  debris,  fruit  boxes  a 
Sages,  and  other  material  or  transportable  articles  baid»ur.ngo  coltaD.„g 

r=rr.c.,,=.c,=r^..“ -=«£, 

12  the  same  at  least  four  successive  times  in  some  newspaper  having  a geneu 
fetation  in  the  State,  and  by  posting  copies  thereof  in  three  conspicuous 
1 1 ■ in  Pdi.ii  countv  one  of  which  shall  be  at  the  county  court-house.  .Sucn 
educations'  when  so'circulated  and  promulgated,  shall  be  held  to  impart  notice 
ftheir  contents  to  all  persons  within  the  State  and  shall  be  binding  upon  then 
V wilful  violation  or  violation  by  neglect  of  any  quarantine  or  other  regulaUo 
f said  board  necessary  to  prevent  the  spread  and  introduction  into  the  State  of 
ruit  or  tree  diseases  or  insect  pests,  or  the  shipment,  sale,  or  distribution  of  any 
rtjcle  so  infected  as  to  be  dangerous  to  the  fruit-growing  interests,  of  the  State 
Tthe  spread  of  dangerous  diseases  among  trees  or  orchards,  shall  be  deemed  a 

““iTor  the  purpose  of  disseminating  knowledge  concerning  contagious 
liases  or  injurious  pests  affecting  trees,  plants,  vines,  or  fruit,  and  the  reme- 
lies  preventives,  and  disinfectants  applicable  thereto,  the  board  shall  from 
ime  to  time,  as  it  may  deem  necessary,  have  bulletins  printed  containing  sue 
nformation  remedies,  preventatives,  and  disinfectants  as  it  may  approve,  to- 
Cither  with  the  rules  and  regulations  formulated  by  it  in  accordance  with  sec- 
10  of  this  act;  which  bulletins  shall  be  circulated  among  the  fruit  growers 
fruit  dealers,  shippers,  transportation  companies  of  horticultural  products  an< 

“TT^^rdaTafter  this  law  goes  into  effect,  the  board  of  county 
commis  Le  s of  the  several  counties  shall  appoint  one  horticultural  inspector 
anT  as  many  deputies  as  deemed  necessary  to  carry  out  the  provisions  of  this 
aT  saiTTuspectors  and  their  deputies  shall  he  competent,  experienced  and 
practical  horticulturists.  Such  inspectors  shall  hold  office  for  a term  o w 
Tears  and  m u their  successors  are  appointed  and  qualified,  unless  sooner  re- 
moval for  cause.  They  shall  qualify  by  taking  and  subscribing  the  constitu- 
tional oath,  which  shall  be  filed  with  the  county  clerk  ; said at 
paid  out  of  the  county  treasury  for  the  time  and 

such  rate  per  day  as  the  board  of  county  commissioners  shall  fix,  not  to  exce 
$3  per  day  for  inspectors,  and  $2  for  deputies,  with  reasonable  transportation 
expenses.  The  county  inspector  or  inspectors  shall  carry  out  t le  pio\  imoiis  o 


150 


LAWS  AGAINST  INJURIOUS  INSECTS. 


this  act  and  the  regulations  of  the  State  hoard  of  horticulture,  and  perfoi 
such  other  labors  as  the  county  commissioners  may  direct  for  the  extirpation 
fruit  and  other  pests  and  diseases : Provided , That  it  shall  not  be  lawful  • 
spray  with  any  arsenical  or  other  poisonous  material  any  tree  or  shrub  wh 
the  same  is  in  bloom  : Provided  further , That  in  the  event  of  any  county  i 
spector  failing  or  refusing  to  properly  perform  his  duties,  nothing  in  this  a 
shall  he  construed  to  prevent  the  member  of  the  State  board  of  horticulture  f 
the  district  in  which  such  county  inspector  may  be  derelict  from  enforcing 
said  county  the  provisions  of  this  act  and  the  rules  and  regulations  of  the  Sta 
board  of  horticulture. 

Sec.  13.  The  county  fruit-tree  inspector,  or  his  deputies  in  each  county,  sin 
make  an  inspection  of  every  orchard,  nursery,  vineyard,  and  fruit  packing 
cold  storage  house,  storeroom,  or  sales  room,  warehouse,  or  any  other  place,  i 
article  connected  with  horticulture  within  their  jurisdiction  at  least  once  eve 
year,  and  as  much  oftener  as  may  be  deemed  necessary  for  the  protection 
the  fruit  interests  of  the  county,  and  if  found  infected  with  pests  or  diseas 
injurious  to  fruit  or  fruit  trees,  vines,  shrubs,  plants,  ornamental  or  sha< 
trees,  they  shall  notify  the  owner  or  owners,  person  or  persons,  in  charge 
possession  of  the  fruit,  trees,  vines,  shrubs,  or  places  or  articles  as  aforesaid  th 
the  same,  or  any  of  them,  are  infected  with  disease,  insects,  or  their  eggs  or  larv 
and  they  shall  require  such  persons  to  remove  or  disinfect  the  same  and  mal 
application  of  such  treatment  for  the  purpose  of  destroying  them  as  prescribi 
by  the  State  board  of  horticulture,  within  a certain  time,  to  be  specified  in  sa 
notice.  Said  notice  may  be  served  upon  the  person  or  persons  owning  or  ha 
ing  charge  of  such  infested  trees,  fruits,  or  places  or  articles  aforesaid  by  ai 
inspector,  or  they  may  be  served  the  same  as  a summons  in  a civil  action.  * 
the  owner  or  owners,  person  or  persons,  in  charge  or  possession  of  orchards  < 
nursery  trees,  ornamental  or  shade  trees,  fruits,  places,  or  articles  infected  wi 
said  diseases,  insects,  or  any  of  them,  their  larvae,  or  eggs,  after  having  l>e< 
notified  as  above  by  said  inspector  to  destroy  the  same  or  make  application  • 
treatment  as  directed,  shall  fail,  neglect,  or  refuse  so  to  do,  they  shall  1 
deemed  guilty  of  maintaining  a public  nuisance  and  shall  be  punished  by  fin 
not  less  than  five  nor  more  than  one  hundred  dollars,  and  any  such  orchard 
nurseries,  trees,  or  places  or  articles  thus  infected,  shall  be  adjudged,  and  til 
same  is  hereby,  declared  a public  nuisance,  and  shall  be  punished  by  fine,  nj 
less  than  five  nor  more  than  one  hundred  dollars ; and  any  such  orchard! 
nurseries,  trees,  or  places  or  articles  thus  infected  shall  be  adjudged,  and  til 
same  is  hereby  declared  a public  nuisance  and  shall  be  proceeded  against  it 
such.  It  shall  be  the  duty  of  the  county  inspector  in  whose  county  said  nuisamj 
shall  exist  to  cause  such  nuisance  to  be  abated  at  once  by  eradicating  or  d| 
stroying  said  disease,  insects,  or  pests,  or  their  larvae  or  eggs,  by  treating  <1 
disinfecting  the  infected  or  diseased  fruit  trees,  plants,  places  or  articles  si 
aforesaid,  and  the  costs  thereof  shall  be  assessed  against  the  owner  or  owner)] 
person  or  persons,  in  charge  of  said  property  or  premises,  and  if  not  pall 
within  10  days  from  demand  the  said  expense  shall  become  a county  charji 
and  the  board  of  county  commissioners  shall  allow  and  pay  the  same  out  of  tl 
general  fund  of  the  county.  Any  and  all  sums  so  paid  shall  be  and  become 
lien  on  the  property  and  premises  from  which  said  nuisance  has  been  remove 
or  abated  in  pursuance  of  this  act  and  may  be  recovered  by  an  action  again 
the  owner  or  owners  of  such  property  or  premises : Provided , That  all  formul; 
for  disinfection  or  eradication  of  said  diseases  or  insect  pests  shall  he  as  pr 
scribed  by  the  State  board  of  horticulture,  hut  the  time  and  place  of  application 
shall  be  left  to  the  discretion  of  the  county  inspectors. 


UTAH. 


151 


Sec.  14.  For  the  extirpation  of  serious,  noncurable  tree  diseases,  such  as 
iar  blight,  crown  gall,  peach  yellows,  peach  rosette,  upon  discovery  of  said 
,seases  the  county  fruit-tree  inspector  shall  notify  the  owner  or  owners,  per- 
,n  or  persons  in  charge  or  possession  of  said  trees  or  shrubs,  of  such  fact,  and 
iaii  require  such  persons  to  extirpate  the  said  disease  by  destroying  the  alfected 
•ees  or  shrubs  by  burning  within  a certain  time,  to  be  specified  in  said  notice, 
lid  notice  to  be  served  upon  the  person  or  persons  owning  or  having  charge 
t such  infected  trees  as  aforesaid  by  any  inspector,  or  they  may  be  served  the 
ame  as  a summons  in  a civil  action.  If  the  owner  or  owners,  person  or  per- 
ans  in  charge  or  possession  of  said  trees  or  shrubs,  after  having  been  notified 
s above  by  said  inspector  to  destroy  the  same  as  directed,  shall  fail,  neglect,  or 
efuse  so  to  do,  they  shall  be  deemed  guilty  of  maintaining  a public  nuisance,  and 
be  case  shall  be  reported  to  the  county  attorney,  who  shall  file  a complaint,  and 
L shall  be  speedily  adjudicated;  and  if  charges  are  found  correct  the  court 
hall  order  the  same  destroyed  or  removed,  the  costs  to  be  paid  within  ten  days 
,y  the  owner  or  person  in  charge ; if  not,  it  shall  be  paid  by  the  county,  and 
lit  shall  be  collected  by  the  county  attorney,  with  costs,  and  paid  into  the  county 
treasury. 

tl  Sec  15  The  county  inspector  shall  make  monthly  reports  to  the  county  com- 
Inissioners  and  to  the  secretary  of  the  State  board  of  horticulture  on  forms  pre- 
Icribed  by  the  said  board.  Said  reports  shall  embrace  the  labors  of  the  county 
inspector  and  his  deputies  for  the  month  and  statistics  showing  the  general  con- 
dition of  horticulture  within  the  county,  together  with  such  statement  of  facts 
md  recommendations  as  he  may  deem  useful  to  the  horticultural  interests  of 
he  county.  The  secretary  of  the  State  board  shall  make  a biennial  report  to 
he  secretary  of  state  the  first  day  of  December  preceding  the  meeting  of  the 
State  legislature,  and  the  secretary  of  state  shall  cause  5,000  copies  of  the  same 
L be  published  in  a pamphlet  or  book  form  for  distribution  as  other  State 
publications. 

|j  Sec  16  It  shall  be  the  duty  of  every  owner,  possessor,  or  occupier  ot  any 
(orchards,  nursery,  garden  lot,  or  land  where  fruit  trees  are  grown  within  this 
State  to  remove  from  said  land  and  destroy  by  burning  all  diseased  or  decayed 
branches  of  fruit  trees  affected  with  pear  blight  and  to  burn  and  destroy  all  dead 
, trees  and  trees  affected  with  peach  rosette  or  peach  yellows. 

Sec.  17.  It  shall  not  be  lawful  for  any  nurseryman,  corporation,  or  private 

I individual  to  import  into  this  State  or  to  ship  in  the  State  any  trees,  shrubs,  or 
vines,  unless  the  same  are  properly  certified  to  by  a professor  of  entomology 
of  a Government  experiment  station,  or  an  officer  of  a State  board  of  horticul- 
ture or  a regular  examiner  and  appointed  county  inspector,  operating  in  the 
regular  discharge  of  their  duties,  as  having  been  fumigated  or  disinfected  by 
hydrocyanic  acid  gas  before  shipment.  Importations  of  trees  or  shrubs  unac- 
companied by  such  certificate  of  fumigation  shall  be  held  in  quarantine  at 
, owner’s  risk  until  so  fumigated,  at  the  cost  of  the  importer.  Said  fumigation 
shall  be  made  to  the  satisfaction  of  the  county  fruit-tree  inspector  or  of  the 
member  for  that  district  of  the  State  board  of  horticulture. 

Sec.  18.  It  shall  be  the  duty  of  any  and  all  owners  of  any  nursery  or  nurseries 
or  nursery* stock  to  disinfect  by  the  use  of  hydrocyanic  gas  all  their  nursery 
stock  for  the  destruction  of  insects  or  diseases  injurious  to  fruit  trees  or  shrubs 
before  removing  the  same,  or  any  of  it,  from  their  premises  for  sale,  gift,  dis- 
tribution, or  transportation. 

Sec  19  The  State  board  of  horticulture  shall  have  power  to  authorize  the 
holding  of  State  horticultural  exhibitions,  and  shall  determine  the  time  and 
place  for  holding  said  exhibitions,  with  power  to  arrange  for  premiums  and 


252 


LAWS  AGAINST  INJURIOUS  INSECTS. 


awards,  and  perform  such  other  duties  as  may  be  necessary  in  conducting  sue 
exhibitions. 

Sec.  20.  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  $8,000  j 
hereby  appropriated  out  of  any  money  in  the  State  treasury  not  otherwis 
appropriated ; $4,000,  or  so  much  thereof  as  may  be  necessary,  to  be  paid  in  tb 
year  1905  and  $4,000  in  the  year  1900. 

Sec.  21.  That  chapter  104  of  the  session  laws  of  Utah,  1903,  is  hereby  r< 
pealed. 

Sec.  22.  This  act  shall  take  effect  upon  approval. 

Approved  March  9,  1905. 


Rules,  Formulas,  and  Recommendations  Promulgated  by  the  State  Boar 

of  Horticulture. 

Rule  1.  It  shall  be  the  duty  of  every  owner,  possessor,  or  occupant  of  a] 
orchard  or  land  where  trees,  vines,  or  shrubs  are  grown  within  this  State  t 
remove  from  said  land  and  destroy  by  burning  all  diseased  or  decayed  brancliej 
or  trees,  rubbish,  and  debris  harboring  insects  or  fungous  growth,  and  to  kee]| 
their  orchards  clean  of  all  decayed  and  fallen  fruit. 

Rule  2.  The  owner  or  owners  of  any  nursery  or  nurseries  shall  disinfect  all 
their  nursery  stock  before  the  removal  of  the  same  from  their  premises  foj 
sale,  gift,  distribution,  or  transportation  by  the  use  of  hydrocyanic  acid  gas,  a:| 
given  in  Formula  No.  4. 

Rule  3.  Importations  of  trees  or  shrubs,  and  shipments  of  home-grown  nur 
sery  stock  unaccompanied  by  a certificate  of  fumigation  as  required  by  rule  2i 
shall  be  held  in  quarantine  at  owner’s  risk  until  so  fumigated  at  the  cost  of  the 
importer  or  grower.  Said  fumigation  shall  be  made  to  the  satisfaction  of  tin 
county  horticultural  inspector  or  of  the  member  for  that  district  of  the  Staff] 
board  of  horticulture. 

Note. — Rules  2 and  3 are  promulgated  because  of  the  undoubted  fact  that 
scale  insects  may  infest  nursery  stock  and  still  escape  any  inspection  that  it  is! 
practicable  to  make. 

Rule  4.  Any  member  of  the  State  board  of  horticulture,  or  county  horticul- 
tural inspector,  may  give  a certificate  stating  that  any  nursery  stock  within  his 
district  or  county  has  been  fumigated  with  hydrocyanic  acid  gas  when  it  shall 
be  proved  to  the  satisfaction  of  such  officer  that  said  stock  has  been  so  treated ; 
but  no  certificate  shall  be  given  by  any  officer  stating  that  any  nursery  stock  is 
free  from  insects  or  diseases. 

Rule  5.  It  shall  be  the  duty  of  each  county  horticultural  inspector  to  examine 
all  nursery  stock  received  in  his  county  or  district  and  see  that  it  is  accom- 
panied by  a certificate  of  fumigation  as  required  by  sections  17  and  18  of  the 
State  horticultural  law  (chapter  98,  Session  Laws  of  Utah,  1905). 

Rule  G.  All  importations  or  shipments  of  trees,  shrubs,  or  vines  shall  be 
inspected  for  crown  or  root  gall  and  pear  blight,  and  all  such  infected  trees, 
shrubs,  or  vines  shall  be  destroyed  by  burning. 

Rule  7.  It  shall  be  the  duty  of  every  owner  or  possessor  of  any  trees,  shrubs, 
or  vines  found  to  be  infested  with  any  injurious  insects  or  infected  with  fungus 
or  other  diseases  to  disinfect  the  same  by  spraying  or  other  treatment  as  pro- 
vided hereinafter. 

Rule  8.  All  trees,  shrubs,  or  vines  found  to  be  infested  with  the  San  Jose 
scale  shall  be  treated  as  hereinafter  provided.  (Kerosene  emulsion,  double 
stiength,  in  summer,  and  lime-sulphur  mixture  as  a winter  spray.) 


VIRGINIA. 


153 


| Rule  9.  Any  and  all  fruit  trees,  whether  in  orchard  or  nursery,  within  the 
;tate  found  to  be  infected  with  diseases  known  as  peach  yellows  or  peach 
losette  or  crown  gall  shall  be  destroyed  by  burning  as  soon  as  such  diseases 
laay  be  determined  to  exist.  Destruction  of  such  infected  trees  shall  be  car- 
ied  out  upon  the  order  of  any  member  of  the  State  board  of  horticulture  or  of 
ny  county  horticultural  inspector,  as  provided  by  the  horticultural  law  of  Utah. 

Rule  10.  It  shall  be  the  duty  of  every  owner  or  possessor  of  any  orchard 
ound  to  be  infected  with  the  disease  known  as  pear  blight  or  fire  blight  to 
disinfect  the  same  by  cutting  out  and  burning  all  affected  branches,  and  the 
Jvhole  tree,  if  badly  infected.  Limbs  should  be  cut  off  a foot  below  the  part 
iffected.  The  knife  and  saw  used  in  cutting  out  the  diseased  limb  must  be 
disinfected  with  kerosene  or  a 5 per  cent  solution  of  carbolic  acid,  and  in  addi- 
, ion  the  stub  remaining  on  the  tree  should  be  disinfected  with  the  same  mate- 
rnal, to  prevent  the  further  spread  of  the  disease.  The  pear  blight  is  a most 
pernicious  and  discouraging  disease,  for  which  no  remedy  has  thus  far  been  dis- 
covered, and  the  board  suggests  that  it  will  be  more  economical  to  take  out  all 
hadly  affected  trees,  both  root  and  branch,  than  to  try  to  save  them  by  pruning. 

Rule  11.  It  shall  be  the  duty  of  the  county  horticultural  inspector  to  see 
hat  the  provisions  of  these  regulations  and  of  the  horticultural  law  are  put  in 
i'orce  and  effect  within  his  jurisdiction. 

Rule  12.  Disinfection  as  provided  by  these  regulations  shall  be  to  the  satis- 
faction of  the  county  horticultural  inspector  or  of  the  member  of  the  State 
horticultural  board  having  jurisdiction. 

Rule  13.  To  make  effective  the  horticultural  law  of  the  State  and  the  regu- 
ations  of  the  board  of  horticulture  respecting  importations  and  shipments  of 
mrsery  stock  it  shall  be  the  duty  of  express  and  transportation  companies  or 
heir  agents  to  at  once  report  the  arrival  of  any  shipment  of  nursery  stock  to 
he  county  horticultural  inspector  having  jurisdiction,  either  by  mail  or  tele- 
)hone,  to  give  this  officer  opportunity  to  make  any  necessary  inspection,  as 
•equired  in  rules  5 and  G,  and  shall  hold  the  stock  in  quarantine  till  such  inspec- 
ion  is  made : Provided,  That  no  shipment  of  nursery  stock  shall  be  held  longer 
han  24  hours  after  notice  of  its  arrival  has  been  sent  to  the  county  horticul- 
tural inspector. 

Adopted  in  regular  meeting  of  the  board  of  horticulture,  held  in  Salt  Lake 
City,  April,  1905. 


VERMONT. 

There  is  no  law  in  Vermont  relating  to  the  control  of  injurious  insects. 


VIRGINIA. 

In  Act  to  amend  and  reenact  an  act  entitled  “An  act  to  create  and  maintain  a State 
board  of  crop  pest  commissioners,  and  to  define  its  duties  and  powers,”  approved  March 

5,  1900. 


I.  Be  it  enacted  by  the  general  assembly  of  Virginia,  That  an  act  entitled  “An 
act  to  create  and  maintain  a State  board  of  crop  pest  commissioners,  and  to 
define  its  duties  and  powers,”  approved  March  fifth,  nineteen  hundred,  be 
amended  and  reenacted  so  as  to  read  as  follows : 


Section  1.  The  board  of  control  of  the  Virginia  agricultural  experiment  sta- 
tion is  hereby  created  a State  board  of  crop  pest  commissioners,  with  power  and 


154 


LAWS  AGAINST  INJURIOUS  INSECTS. 


duties  as  hereinafter  provided.  It  shall  be  the  duty  of  the  said  board  to  appoin 
a competent  person  as  State  entomologist  and  plant  pathologist,  hereinafter  c-alle* 
State  entomologist,  and  such  assistants  as  may  be  necessary,  who  shall,  actin 
under  the  authority  of  the  said  board,  be  charged  with  and  perform  such  dutie 
as  are  hereinafter  specified.  The  board  of  crop  pest  commissioners  shall  froE 
time  to  time,  after  due  consideration,  prepare  a list  of  such  dangerously  inju 
rious  insect  pest  and  diseases  of  plants  as  may  properly,  within  its  judgmen 
and  the  judgment  of  the  State  entomologist,  be  controlled  or  eradicated,  an< 
they  shall  cause  such  list  to  be  published,  along  with  particular  specificatio] 
as  to  the  nature  and  appearance  of  and  the  maimer  in  which  the  said  pests  ar 
generally  disseminated.  The  board  of  crop  pest  commissioners  shall  at  th 
same  time  provide  rules  and  regulations  under  which  the  State  entomologis 
shall  proceed  to  investigate,  control,  eradicate,  and  prevent  the  disseminatioi 
of  the  said  pests  as  far  as  may  be  possible,  and  these  rules  and  regulations  shal 
have  the  full  force  and  effect  of  law  so  far  as  they  conform  to  this  act  and  th 
general  laws  of  this  State  and  of  the  United  States ; and  any  person,  firm,  o 
corporation  who  fails  or  refuses  to  comply  with  the  order  or  directions  issue* 
in  writing,  under  regulations  provided  by  the  board  of  crop  pest  cornmis 
sioners,  shall,  upon  conviction  thereof,  be  fined  in  the  sum  of  not  less  than  tei 
($10.00)  nor  more  than  twenty-five  ($25.00)  dollars  for  each  such  failure  o 
refusal : Provided,  That  all  prosecution  under  this  act  shall  be  by  indictmenl 
presentment,  or  information  in  the  circuit  court  of  the  county  or  corporatioi 
court  of  the  city  in  which  the  person,  firm,  or  corporation  proceeded  against  i 
then  resident. 

Sec.  2.  The  board  of  crop  pest  commissioners  shall  have  power  to  provid 
quarantine  rules  and  regulations  concerning  the  sale  and  transportation  of  al 
plants  or  parts  of  plants,  commonly  known  as  nursery  stock,  within  the  State 
They  shall  also  have  power  to  provide  like  rules  and  regulations  in  regard  t- 
all  plants  or  parts  of  plants,  commonly  known  as  nursery  stock,  entering  thi 
State  from  without,  and  these  rules  and  regulations  shall  be  enforced  by  th- 
State  entomologist  or  his  duly  authorized  assistants. 

Sec.  3.  It  shall  be  the  duty  of  this  board  to  provide  for  the  annual  inspectioi 
of  all  nursery  stock  grown  within  the  State  prior  to  October  first  of  each  year 
by  the  State  entomologist  or  his  assistants,  who  shall  issue  a certificate  of  free 
dom  from  insect  pests  and  plant  diseases  to  the  owners  of  all  nurseries  foun< 
entitled  to  the  same,  and  they  shall  further  provide  regulations  under  whicl 
nursery  stock  brought  into  the  State  may  be  sold  under  the  above-providei 
certificates,  and  in  accordance  with  the  further  provisions  of  this  act.  I 
shall  be  unlawful  after  the  promulgation  of  the  rules  and  regulations  provide*! 
for  in  this  act  for  any  person,  persons,  corporation,  or  common  carriers  to  transl 
port  by  land  or  water  plants  or  parts  of  plants,  commonly  known  as  nurser;! 
stock,  in  violation  of  the  same,  and  every  such  offence  shall  constitute  a mid 
demeanor,  and,  upon  conviction  thereof,  the  person,  persons,  firm,  or  corporal 
tion,  or  common  carrier  so  convicted  shall  be  fined  in  the  sum  of  not  lesj 
than  fifty  ($50)  dollars  nor  more  than  one  hundred  ($100)  dollars  for  eaclH 
and  every  violation  of  this  act. 

Sec.  4.  The  State  entomologist  or  any  of  his  assistants,  or  a local  inspect®! 
as  hereinafter  provided  for,  shall  have  power  under  the  rules  and  regulations  o| 
said  board  to  determine  the  nature  and  method  of  the  treatment  to  which  an;  1 
infested  plants  shall  be  subjected,  and  he  shall  report  his  findings  in  print  o I 
writing,  giving  reasons  therefor,  to  the  owner  of  the  infested  plants,  his  agent ij 
or  tenants,  and  a copy  of  such  report  shall  be  submitted  to  said  board,  and  therjl 
shall  accompany  each  and  every  such  report  specific  directions  as  to  the  treat  j 


VIRGINIA. 


155 


ilaent  of  the  infested  plants,  which  directions  may  be  in  print  or  in  writing.  In 
I-ase  of  objection  to  the  findings  of  the  State  entomologist,  or  an  assistant  or 
[Bocal  inspector,  an  appeal  shall  lie  to  the  said  board,  whose  decision  shall  be 
Ihnal ; such  appeal  must  be  taken  within  seven  days  from  the  receipt  of  the  re- 
f)ort,  and  shall  act  as  a stay  of  proceedings  until  it  is  heard  and  decided. 

1 Sec.  5.  Upon  the  receipt  of  the  report  of  the  State  entomologist,  an  assistant, 
>r  local  inspector,  the  treatment  prescribed  shall  be  executed  at  once  (unless  an 
Appeal  is  taken)  under  the  supervision  of  the  local  inspector,  the  cost  of  material 
find  labor  to  be  borne  by  the  owner  of  the  premises. 

>j  Sec.  6.  In  case  any  person,  firm,  or  corporation  fail  or  refuse  to  execute  the 
Ilirections  of  the  State  entomologist,  an  assistant,  or  local  inspector,  or  of  the 
tiiaid  board  after  an  appeal,  the  judge  of  the  circuit  court  of  the  county  or  corpo- 
ration court  of  the  city  in  which  such  person,  firm,  or  corporation  are  then 
I’esidents  shall,  upon  complaint  filed  by  the  State  entomologist,  or  an  assistant 
>r  local  inspector,  or  by  any  freeholder,  cite  the  person,  firm,  or  corporation  to 
jijippear  before  him  at  the  first  regular  session  of  the  circuit  or  corporation  court  or 
n vacation,  and  upon  satisfactory  evidence- of  such  failure  or  refusal  shall  cause 
l:he  prescribed  treatment  to  be  executed,  and  the  expense  thereof  and  cost  of 
[court  shall  be  collected  by  execution  from  tlie  owner  or  owners  of  the  infested 
■plants,  and  any  judgment  of  the  court  entered  against  any  person,  persons,  firm, 
ir  corporation  in  any  such  cause  shall  be  a lien  upon  all  real  estate  owned  in 
whole  or  in  part  by  any  such  person,  persons,  firm,  or  corporation. 

| Sec.  7.  The  said  board  of  crop  pest  commissioners,  its  agents  or  employees, 
are  hereby  empowered  with  authority  to  enter  upon  any  premises  and  to 
■examine  all  plants  and  trees  whatsoever  in  discharge  of  the  duties  herein  pre- 
scribed. Any  person,  persons,  firm,  or  corporation  who  shall  obstruct  or  hinder 
[jthem  or  their  agents  in  the  discharge  of  their  duty  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than  twenty 
| ($20.00)  dollars  nor  more  than  fifty  ($50.00)  dollars  for  each  such  offence, 
j Sec.  8.  It  shall  be  unlawful  to  deliver  or  give  away  within  the  boundaries 
of  this  State  plants  or  parts  of  plants  commonly  known  as  nursery  stock  which 
.have  not  been  duly  inspected  in  accordance  with  the  provision  of  this  act  and 
[carry  plainly  attached  to  each  car  load,  box,  bail,  and  package  a copy  of  a 
ijcertificate  as  herein  provided,  except  that  in  case  of  nursery  stock  shipped  into 
the  State  from  without,  the  board  of  crop  pest  commissioners  shall  provide  by 
[regulation  for  the  acceptance  of  proper  certificates  from  other  States,  and  when 
so  accepted  shall  issue  an  official  tag  designating  the  fact,  and  nursery  stock 
[carrying  the  same  may  be  reshipped  under  the  certificate  above  provided  for. 
i Each  and  every  violation  of  this  section  shall  constitute  a misdemeanor,  and 
upon  conviction  thereof  every  person,  persons,  firm,  or  corporation  so  convicted 
shall  be  fined  in  a sum  of  not  less  than  twenty-five  ($25.00)  dollars  nor  more 
than  fifty  ($50.00)  dollars.  This  section  shall  not  be  so  construed  as  to  affect 
the  action  of  common  carriers  in  the  transportation  of  nursery  stock  under  the 
provisions  of  interstate  commerce. 

Sec.  9.  Upon  a petition  signed  by  ten  freeholders  of  any  city,  county,  or 
magisterial  district,  it  shall  be  the  duty  of  the  State  entomologist,  in  person  or 
by  an  assistant,  to  make  a preliminary  investigation  of  the  locality  from  which 
the  petition  is  received,  to  ascertain  if  any  trees  or  plants  be  infested  with  the 
insect  known  as  the  San  Jose  scale.  If,  upon  such  preliminary  investigation,  it 
shall  appear  that  the  San  Jose  scale  is  present  in  the  territory  examined,  the 
State  entomologist  shall  appoint  a local  inspector,  and  order  a full  inspection 
of  such  city,  county,  or  magisterial  district  to  discover  and  locate  all  infested 
premises ; and  the  local  inspector  shall  report  the  results  of  such  further  inspec- 


156 


LAWS  AGAINST  INJURIOUS  INSECTS. 


tion  to  the  owners  of  all  infested  premises,  and  to  the  hoard  of  supervisors  o: 
the  said  county  or  the  city  council  of  said  city,  giving  the  location  of  all  saic 
infested  trees  and  plants,  and  the  extent  of  infestation  in  each  case,  and  mak« 
specific  recommendations  in  accordance  with  the  instructions  furnished  him  bj 
the  State  entomologist,  which  instructions  may  he  printed  or  written. 

Sec.  10.  The  board  of  supervisors  of  any  county  or  city  council  of  any  citj 
in  which  a local  inspector  has  been  appointed  shall  fix  the  compensation  o: 
such  local  inspector,  whose  pay,  however,  shall  not  in  any  case  be  less  thai 
one  dollar  and  fifty  cents  for  each  day's  work,  and  said  local  inspector  shal 
file  before  the  said  board  of  supervisors  or  city  council  from  time  to  time  ai 
itemized  account  of  the  expenses  and  costs  incurred  in  the  performance  of  his 
duties,  and  a statement  of  the  days  actually  occupied  in  the  performance  of  th< 
duties  hereinbefore  prescribed,  and  the  same  shall  be  allowed  him  and  paid  ai 
other  claims  against  the  county  or  city,  not  to  exceed  two  hundred  and  fiftj 
dollars  in  any  one  year.  But  the  board  of  supervisors  of  any  county  or  tin 
council  of  any  city  may  appropriate  any  sum  in  excess  of  two  hundred  and  fiftj 
dollars  which  it  may  deem  proper.  The  sum  appropriated  in  any  year  ii 
excess  of  the  actual  requirements  of  such  year  shall  not  be  considered  as  ai 
appropriation  for  any  subsequent  year. 

Sec.  11.  It  shall  be  the  duty  of  the  State  entomologist,  either  in  person  or  bj 
an  assistant  or  local  inspector,  to  supervise  and  direct  the  execution  of  anjj 
recommendations  made  under  the  provisions  of  section  two  of  this  act,  and  al 
expenses  of  treatment,  control,  and  eradication  of  any  infested  trees  or  plant!] 
shall  be  borne  by  the  owner  of  the  premises  upon  which  the  same  are  located 
as  provided  for  in  sections  four  and  five  of  this  act. 

Sec.  12.  From  and  after  the  first  day  of  September,  nineteen  hundred  ancl 
three,  it  shall  be  unlawful  for  any  person,  persons,  firm,  or  corporation,  eithe:| 
for  himself  or  as  agent  for  another,  to  offer  for  sale,  sell,  deliver,  or  givJ 
away,  within  the  bounds  of  this  State,  any  plants  or  parts  of  plants  commonh  ] 
known  as  nursery  stock,  unless  such  person,  persons,  firm,  or  corporation  shall 
have  first  procured  from  the  auditor  of  public  accounts  a certificate  of  regisl 
tration,  which  certificate  shall  contain  such  rules  and  regulations  concerning 
the  sale  of  nursery  stock  as  the  board  of  crop  pest  commissioners  may  prel 
scribe  and  be  approved  and  countersigned  by  the  State  entomologist,  wh<| 
shall  have  full  power  and  is  hereby  authorized  and  required  to  cancel  and  with!! 
draw  any  certificate  upon  satisfactory  evidence  that  any  of  the  rules  and  regu  I 
lations  governing  the  sale  of  nursery  stock  within  this  State  have  been  violatec  i 
by  the  holder  of  the  same.  The  auditor  of  public  accounts  shall  not  issue  anJ 
certificate  of  registration  except  upon  the  payment  of  the  sum  of  twenty  dol  i 
lars,  and  shall  forward  all  certificates  to  the  State  entomologist  for  his  ap 
proval  before  allowing  the  same  to  the  party  making  application  therefor,  am  j 
all  such  certificates  as  may  be  granted  shall  expire  and  become  null  and  voic 
one  year  from  date  of  issue  thereof,  and  any  person,  persons,  firm,  or  corpora?] 
tion,  either  for  himself  or  as  an  agent  for  another,  who  shall  sell,  offer  for  salejj 
deliver,  or  give  away  any  plants  or  parts  of  plants  commonly  known  as  nursery! 
stock  without  having  in  his  possession  a certificate  of  registration  as  hereiij] 
provided  for,  or  without  exhibiting  a copy  of  the  same  to  each  and  every  person  1 
tc  whom  he  shall  sell  or  offer  to  sell,  deliver,  or  give  away  any  such  plants,  os 
parts  of  plants,  shall  be  deemed  guilty  of  a misdemeanor,  and,  upon  conviction! 
thereof,  shall  be  punished  by  a fine  of  not  less  than  twenty  ($20.00)  dollar, 
nor  more  than  one  hundred  ($100.00)  dollars  for  each  such  offence. 

Sec.  13.  The  auditor  of  public  accounts  shall  set  aside  and  reserve  all  money 
coming  into  his  hands  in  pursuance  of  the  provisions  of  section  twelve  of  thi 


VIRGINIA. 


157 


let,  and  shall  from  time  to  time  draw  his  warrant  for  the  same  in  favor  of  the 
(>tate  entomologist  in  payment  for  services  and  expenses  incurred  in  the  inspec- 
tion of  the  various  nurseries  in  this  State,  and  the  inspection  of  nursery  plants 
old  by  agents  representing  nurseries  from  without  this  State. 

1 Sec.  14.  There  is  hereby  appropriated  from  any  moneys  in  the  State  treasury 
jjiot  otherwise  appropriated  the  sum  of  six  thousand  ($0,000.00)  dollars  per 
linnum  for  the  purpose  of  defraying  the  expenses  of  the  execution  of  this  act, 
ind  the  auditor  of  public  accounts  of  the  Commonwealth  is  hereby  directed  to 
draw  his  warrant  upon  the  treasury  of  the  same  for  this  sum  or  such  part 
( hereof  as  may  be  necessary  until  the  said  sum  of  six  thousand  ($6,000.00)  dol- 
lars per  annum  be  expended,  upon  the  filing  with  him  of  properly  itemized 
vouchers  certified  by  the  chairman  of  said  board  of  crop  pest  commissioners, 
rhe  said  board  shall  cause  to  be  made  a biennial  report  to  the  governor  of  the 
State,  giving  in  detail  its  operation  and  expenditures  under  this  act. 

2.  The  acts  of  assembly  known  as  the  San  Jose  scale  law,  approved  March 
ifth,  eighteen  hundred  and  ninety-six,  and  amended  and  approved  February 
:wenty-eighth,  eighteen  hundred  and  ninety-eight,  and  as  further  amended  by  an 
ict  approved  March  twenty-eighth,  nineteen  hundred  and  two,  and  all  other 
lets  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

3.  This  act  shall  be  in  force  from  its  passage. 

Approved  May  9,  1903. 


Rules  and  Regulations  for  the  Government  of  the  State  Entomologist, 

Assistants,  Local  Inspectors,  and  Employees  of  the  State  Board  of  Crop 

Pest  Commissioners,  as  Authorized  by  Act  of  Assembly  Approved  May 

9,  1903. 

1.  By  virtue  of  authority  conferred  by  the  above-cited  act,  the  following 
rules  and  regulations  are  hereby  adopted  and  promulgated  by  the  State  board 
of  crop  pest  commissioners,  and  the  State  entomologist  and  pathologist  and  such 
assistants  and  local  inspectors  as  may  be  hereafter  appointed  are  authorized  and 
directed  to  enforce  the  same. 

2.  List  of  insects  and  fungous  parasites.  The  following  list  of  insect  pests 
and  plant  diseases  are  hereby  declared  to  be  dangerously  injurious,  and  it  is 
ordered  by  this  board  that  they  shall  hereafter  come  within  the  scope  of  opera- 
tions under  the  crop-pest  law : 

Insects. — San  Jose  scale  ( Aspidiotus  perniciosus) . Woolly  aphis  ( Schizo - 
neura  lanigera) , in  nurseries  only. 

Fungi. — Crown  gall,  in  nurseries  only.  Peach  yellows.  Black  knot  of  plum 
and  cherry  (Plowrightia  morbosa).  Fire  blight  of  pear  and  apple  ( Micro- 
coccus amylovorus ) in  nurseries  only. 

This  board  reserves  the  right  to  alter,  amend,  and  change  this  list  as  the 
exigencies  of  the  work  may  warrant. 

3.  Quarantine  against  diseased  nursery  stock.  It  is  hereby  declared  that 
dating  from  September  1st,  1903,  no  person,  persons,  firm,  or  corporation  owning 
or  operating  a nursery  within  the  State  of  Virginia  shall  sell,  transport,  or  give 
away  any  fruit  trees,  or  other  plants  commonly  known  as  nursery  stock,  when 
infested  with  the  San  Jose  scale,  woolly  aphis,  crown  gall,  peach  yellows,  black 
knot  of  the  plum  and  cherry,  or  fire  blight  of  pear,  as  specified  under  section  2 
above. 

4.  Dealing  with  peach  yellows  and  black  knot  in  orchards.  It  is  hereby  de- 
clared that  peach  yellows  and  black  knot  of  plum  and  cherry  are  of  such  a 


158 


LAWS  AGAINST  INJURIOUS  INSECTS. 


communicable  character  that  wherever  discovered  in  orchards  in  this  Stat 
they  shall  be  destroyed  or  treated  within  a reasonable  time  in  accordance  wit 
the  directions  of  the  State  entomologist,  assistants,  or  local  inspectors,  actin 
under  orders  of  this  board. 

5.  Infested  nursery  premises — how  dealt  with.  Any  nursery  premises  with! 
this  State  which  shall  upon  inspection  prove  to  be  infested  with  any  one  o 
more  of  the  insect  pests  or  plant  diseases  specified  in  section  2,  shall  not  b 
entitled  to  a certificate  of  freedom  from  disease  and  insect  pests  until  they  sha 
have  satisfactorily  carried  out  the  directions  of  the  State  entomologist  or  a 
assistant  acting  under  orders  of  this  board. 

Every  person,  persons,  firm,  or  corporation  doing  business  in  this  State  a 
growers  or  handlers  of  nursery  stock  are  hereby  notified  that  they  must  nc 
sell,  transport,  or  give  away  the  same  unless  accompanied  by  a certificate  c 
inspection  from  the  State  entomologist,  or  an  assistant  acting  under  the  ordei 
of  this  board,  declaring  the  same  to  be  apparently  free  from  San  Jose  seal 
and  other  dangerously  injurious  insect  pests  and  plant  diseases. 

6.  On  the  certification  of  nursery  stock  from  other  States.  All  nursery  stoc 
entering  this  State  from  without  must  be  accompanied  by  a certificate  of  inspe< 
tion,  satisfactory  to  the  State  entomologist,  both  as  to  form  and  the  authorit 
of  the  person  making  the  same,  which  certificate  shall  certify  substantially  a 
above  required  in  case  of  State  nurseries.  As  a guide  to  transportation  con 
panies,  as  to  whether  a certificate  is  valid  or  not  under  this  law,  the  State  ent( 
mologist  shall  furnish  to  all  nurserymen  in  other  States  doing  business  in  thi 
State,  official  tags  upon  request,  if  the  certificate  of  inspection  of  the  party  o 
parties  applying  for  the  same  is  found  to  be  correct  and  in  proper  form,  and  th 
said  parties  shall  have  procured  the  State  certificate  of  registration  as  requirei 
in  section  12  of  the  act  of  assembly.  These  tags  shall  be  charged  for  at  cost. 

7.  Regulating  the  transportation  of  nursery  stock.  All  transportation  con 
panies  doing  business  in  this  State,  both  by  land  and  water  routes,  are  hereb 
notified  that  on  and  after  September  1st,  1903,  they  must  not,  under  penaltl 
prescribed  in  section  3 of  above  act,  transport  plants,  commonly  known  as  nui 
sery  stock,  within  the  bounds  of  this  State,  to  be  delivered  at  any  point  therein 
except  the  same  are  accompanied  by,  and  have  plainly  attached  thereto,  a ceil 
tificate  as  provided  for  in  section  8 of  these  rules,  and  in  case  of  nursery  stocl 
entering  this  State  from  without  for  delivery  in  the  State,  such  nursery  stocil 
must  carry  in  addition  to  the  official  certificate  of  the  State  whence  the  ship! 
ment  originated,  the  official  tag  of  the  State  entomologist  of  Virginia,  as  spec! 
fled  in  section  6 above. 

8.  The  inspection  and  certification  of  nurseries.  It  shall  be  the  duty  of  th 
State  entomologist,  or  an  assistant  appointed  by  this  board,  to  inspect  all  null 
sery  premises  in  this  State  at  least  once  each  year,  and  issue  to  each  a certifl 
cate  in  proper  form  if  found  entitled  to  the  same.  On  the  discovery  of  anl 
infected  nursery,  the  State  entomologist  shall  pursue  such  methods  as  are  necij 
essary  to  eradicate  the  injurious  insects  and  plant  diseases  specified  in  section  ;| 
of  these  rules  and  regulations,  and  when  accomplished  a certificate  shall  b I 
issued  in  due  form.  Certificates  of  nursery  inspection  shall  in  all  cases  b 
signed  by  the  State  entomologist,  or  by  an  assistant  authorized  by  the  board  o 
crop  pest  commissioners.  The  State  entomologist  is  hereby  authorized  to  granH 
special  certificates'  to  dealers  in  nursery  plants,  upon  satisfactory  evidence  tba 
they  are  handling  only  properly  inspected  stock. 

9.  Resale  by  nurserymen  of  certified  stock.  All  nursery  stock  purchased  out 
side  the  State  and  brought  into  this  State  for  resale  by  a duly  authorized  nui 
seryman  may  be  sold  under  the  official  certificate  of  the  State  entomologist,  o 


VIRGINIA, 


159 


hat  of  an  assistant  appointed  by  this  board,  if  the  said  nursery  stock  was 
Purchased  under  the  official  tag  specified  in  section  6 of  these  rules  and  regula- 
tions, but  this  regulation  shall  not  operate  to  prevent  reinspection  of  all  such 
Itock  at  the  discretion  of  the  State  entomologist,  and  condemnation  of  the  same 
If  found  infested  with  any  of  the  insect  pests  or  plant  diseases  specified  in  sec- 
lion  2 above. 

l!‘  10.  As  to  local  inspection  for  the  San  Jose  scale.  The  State  entomologist  is 
niereby  directed  to  furnish  to  the  authorities  of  each  city  and  county,  as  promptly 
is  may  be,  a full  statement  of  the  conditions  prevailing  in  the  several  cities 
md  counties  of  the  State  as  shown  by  the  records  of  the  State  board  of  crop 
[best  commissioners,  in  relation  to  the  infestation  of  orchards  and  gardens  with 
LiSan  Jose  scale.  And  he  is  also  directed  to  furnish  the  same  statement  to  all 
interested  individuals  in  the  several  cities  and  counties,  of  the  State  who  may 
liipply  therefor,  to  the  end  that  those  who  are  concerned  in  the  protection  of  the 
|!ruit  industry  from  the  ravages  of  this  insect  pest  may  take  such  action  under 
ihe  provisions  of  the  crop  pest  law  as  they  deem  necessary.  When  a sufficient 
iiiumber  of  the  freeholders  of  any  city,  county,  or  magisterial  district  petition 
;!or  a local  inspection  as  provided  for  in  section  9 of  the  crop  pest  law,  the 
jstate  entomologist  is  directed  to  satisfy  himself  as  to  the  needs  of  inspection 
n the  community  of  which  the  petitioners  are  residents,  either  by  making  an 
investigation  in  person,  or  by  an  assistant;  or  by  consultation  of  the  records  in 
;he  office  of  the  crop  pest  commission,  and  to  proceed,  in  conjunction  with  the 
)roper  local  authorities  and  the  petitioning  freeholders,  to  execute  the  law  as 
rully  as  is  practicable. 

I 11.  On  the  appointment  of  local  inspectors.  In  the  appointment  of  local 
inspectors,  as  provided  for  in  section  9 of  the  crop  pest  law,  the  State  entomolo- 
gist is  directed  to  advise  with  the  local  people  as  to  their  wishes  in  this  matter, 
and  to  satisfy  himself  that  the  persons  selected  for  appointment  are  competent 
[to  execute  the  work  required,  in  an  accurate  and  proper  manner,  before  issuing 
3ommissions  to  local  inspectors.  The  commissions  of  local  inspectors  shall  be 
•signed  by  the  chairman  of  the  board,  and  countersigned  by  the  secretary ; and 
they  shall  be  revocable  at  any  time  by  the  State  entomologist,  when  the  person 
holding  the  same  does  not  appear  to  be  accomplishing  the  work  for  which  he  has 
been  appointed. 

! 12.  In  regard  to  instruction  and  duties  of  local  inspectors.  The  State  ento- 
mologist shall  in  person,  or  by  an  assistant,  give  such  instruction  and  assistance 
jto  local  inspectors  as  may  be  necessary,  so  that  they  may  be  enabled  to  accom- 
plish their  duties  in  an  accurate  and  expeditious  manner ; and  he  shall  provide 
forms  of  records  to  be  kept  concerning  all  the  premises  inspected,  and  a special 
form  of  report  concerning  each  and  every  premise  found  to  be  infested,  which 
records  of  infested  premises  shall  be  made  out  in  duplicate  by  the  local  inspector, 
and  one  copy  filed  with  the  State  entomologist  and  the  other  filed  with  the 
clerk  of  the  city  council  or  the  clerk  of  the  board  of  supervisors  of  the  county, 
of  whatever  city  or  county  he  may  be  serving  as  local  inspector.  The  local 
inspectors  shall,  in  the  manner  directed  by  the  State  entomologist,  tag  or  mark 
infested  trees  and  plants  so  that  the  same  may  be  readily  recognized,  but  he 
shall  in  no  wise  issue  orders  concerning  the  treatment  of  infested  premises 
until  he  has  submitted  the  report  of  the  inspection  of  the  same,  accompanied  by 
specimens,  to  the  State  entomologist,  and  has  received  from  him  a confirmation  as 
to  the  statements  made  in  his  report,  and  has  been  directed  by  the  State  ento- 
mologist as  to  the  action  that  he  shall  take  in  regard  to  any  case  of  infestation. 

13.  Issuance  of  recommendations  as  to  treatment  of  infested  plants.  Upon  the 
receipt  of  the  reports  of  local  inspectors  the  State  entomologist  shall  issue  at 
once  directions  to  all  those  persons  having  infested  premises,  specifying  pre- 


160 


LAWS  AGAINST  INJURIOUS  INSECTS. 


cisely  the  nature  and  manner  of  treatment  to  be  pursued  in  order  to  control  am 
eradicate  the  San  Jose  scale,  and  in  each  and  every  recommendation  particula 
specifications  shall  be  given  as  to  the  materials  to  be  used  and  the  manner  cj 
their  application,  and  a copy  of  each  such  recommendation  shall  be  furnish®  i 
the  local  inspector  for  his  guidance  in  executing  the  further  directions  whicj 
it  may  become  necessary  for  the  State  entomologist  to  send  him.  The  loca 
inspectors  shall  report  in  full  once  each  week  to  the  State  entomologist,  am 
shall  report  once  a month  to  the  city  council  or  the  county  supervisors  of  th 
city  or  county  for  which  they  are  appointed,  and  shall  submit  a journal  sho\*j 
ing  the  premises  inspected  each  day,  with  such  general  data  concerning  the  sarq  j 
as  directed  by  the  State  entomologist,  and,  as  above  directed,  duplicate  copie 
of  reports  upon  each  infested  premise.  Upon  vacation  of  his  office  by  a IoceI 
inspector  for  any  cause,  he  shall  turn  over  to  the  city  council  or  county  boaw 
of  supervisors  the  duplicate  copies  of  all  recommendations  issued  by  the  Stat! 
entomologist. 

14.  Directed  to  prescribe  treatment.  The  State  entomologist  is  hereby  dij 
rected  to  prescribe  the  nature  and  method  of  treatment  of  all  plants  whatsc 
ever  affected  by  the  insect  pests  or  plant  diseases  specified  in  section  2 of  thesl 
regulations,  and  he  is  hereby  charged  with  such  investigations  as  to  the  natur 
and  habits  of  these  insect  and  fungous  parasites,  and  the  remedial  measurd 
therefor,  as  will  enable  him  to  give  the  best  possible  service  to  the  people. 

15.  Appeal  from  orders  in  relation  to  treatment.  Any  appeal  from  the  order] 
or  directions  of  an  officer  acting  under  this  board  in  dealing  with  the  subject! 
specified  in  sections  4,  6,  13,  and  14  of  these  regulations  shall  be  made  in  wrill 
ing,  and  shall  be  addressed  to  the  secretary  of  the  board  within  seven  day] 
upon  receipt  of  a written  order  to  destroy  or  treat  plants  as  specified  under  sed 
tions  4,  13,  and  14  of  these  regulations.  The  person,  persons,  firm,  or  corporal 
tion  making  an  appeal  shall  be  granted  a speedy  hearing  by  the  board  of  croil 
pest  commissioners,  and  accorded  every  opportunity  to  introduce  material  evil 
dence  relating  to  the  facts  alleged  in  the  order  of  the  officer  requiring  the  del 
struction  or  treatment  of  plants. 

16.  In  relation  to  finances.  It  is  hereby  ordered  by  the  board  of  crop  pesi 
commissioners  that  all  disbursements  under  this  act  shall  be  made  by  the  treasi 
urer  upon  certified  bills  as  follows : All  bills  for  supplies  and  merchandise  o 
every  description  shall  be  certified  to  the  treasurer  by  the  officer  or  employe! 
authorized  by  the  board  to  make  the  expenditure  in  question,  presumably  b.1 
the  State  entomologist  unless  otherwise  specified;  and  all  bills  for  travelling  ex| 
penses  either  of  officers  or  employees  shall  be  paid  by  the  officer  or  employed 
authorized  by  the  board  to  perform  such  duties  requiring  travel,  and  shall  b< 
repaid  to  such  officer  or  employee  by  the  treasurer,  upon  the  presentation  of  ail 
itemized  bill  duly  certified  by  the  State  entomologist  and  approved  by  the  secrel 
tary  of  the  board.  The  State  entomologist  is  hereby  directed  to  collect  fron 
time  to  time  the  fees  derived  under  section  12  of  the  crop  pest  law,  and  pay  tin  i 
same  over  to  the  treasurer  of  this  board,  and  this  officer  shall  account  for  sucl  J 
money  so  received  in  the  same  manner  as  for  the  appropriation  received  unde:  ' 
section  14  of  this  act. 

Such  salaries  and  compensation  for  labor  as  are  authorized  by  the  boar( 
shall  be  paid  by  the  treasurer  on  a regular  monthly  pay  roll. 

Officers  or  employees  making  bills  for  travelling  expenses  must  state  therein  i 
For  livery  hire,  the  date  and  points  between  which  the  same  was  used;  fo 
railroad  fare,  the  dates  and  points  between  which  the  trip  was  made;  in  hote> 
bills,  the  date  and  time  for  which  paid  must  be  given ; and  all  items  of  an  inci 
dental  nature  must  show  the  service  or  purpose  for  which  payment  was  made 
Adopted  May  30,  1903. 


WASHINGTON. 


161 


WASHINGTON. 

\n  Act  to  promote  the  fruit-growing  and  horticultural  interests  of  the  State  of  Wash- 
ington ; to  provide  for  the  appointment  of  a commissioner  of  horticulture ; to  repeal 
certain  laws  in  conflict  therewith,  and  to  provide  penalties  and  punishment  for  its 
violation,  with  the  amendments  to  sections  four,  five,  six,  seven,  eight,  twelve,  four- 
teen, and  fifteen,  approved  March  1G,  1905,  by  Albert  E.  Mead,  governor. 

Be  it  enacted  by  the  legislature  of  the  State  of  Washington: 

Section  1.  That  a commissioner  of  horticulture  shall  be  appointed  by  the 
governor  for  the  State  of  Washington.  It  is  hereby  provided,  prior  to  the  ap- 
lointment,  the  applicant  must  furnish  a certificate  from  the  faculty  of  the 
•ollege  of  agriculture  that  he  is  a skilled  horticulturist ; on  such  certificate  the 
governor  may  make  the  appointment.  Before  entering  upon  the  discharge  of 
lis  duties,  the  said  commissioner  shall  take  and  subscribe  an  oath  to  support 
:he  Constitution  of  the  United  States  and  the  constitution  and  laws  of  the 
State  of  Washington,  and  to  faithfully  discharge  the  duties  of  his  office,  which 
said  oath,  together  with  the  aforesaid  certificate,  shall  be  filed  with  the  secre- 
tary of  state.  The  said  commissioner  shall  keep  his  office  at  Tacoma,  which 
iffice  shall  be  open  to  the  public  during  normal  office  hours  every  day  excepting 
Sunday  and  legal  holidays  and  days  when  he  may  be  necessarily  absent  at- 
tending to  official  duties  in  other  parts  of  his  district. 

Sec.  2.  The  objects  for  which  said  commissioner  is  appointed  are  to  maintain 
and  exercise  a supervisory  directory  over  the  horticultural  industries  of  the 
State,  to  enforce  the  laws  relative  to  the  importation,  transfer,  and  sale  of 
fruit,  fruit  trees,  plants,  or  nursery  stock  within  the  State,  and  give  such  in- 
structions to  fruit  culturists  regarding  cultivation  and  extermination  of  fruit 
pests  as  the  nature  of  the  case  may  demand.  The  official  term  of  the  said 
commissioner  of  horticulture  shall  begin  on  the  first  day  of  April,  1905,  and  con- 
tinue for  four  years,  and  until  his  successor  is  appointed  and  qualified.  Said 
commissioner  shall  receive  annually  in  full  consideration  for  his  official  services 
the  sum  of  two  thousand  dollars,  to  be  paid  monthly  as  other  State  officers, 
and  for  incidental  expenses  of  his  office — such  as  necessary  traveling  fare, 
stationery,  and  postage — the  sum  of  one  thousand  dollars  annually,  and  for 
office  rent  and  bulletins  one  thousand  dollars  annually.  Said  sums  shall  be 
paid  on  warrants  drawn  by  the  State  auditor  on  the  presentation  of  proper 
vouchers  therefor.  The  term  of  the  present  commissioner  of  horticulture  shall 
expire  April  1,  1905.  When  from  illness  or  other  cause  the  commissioner  of 
horticulture  is  temporarily  unable  to  perform  his  duties,  he  may  appoint  some 
qualified  person  to  discharge  the  duties  of  such  office  until  such  disability  is  re- 
moved. Said  appointment  shall  be  in  writing,  signed  by  the  commissioner  of 
horticulture,  and  filed  in  his  office.  The  appointment  of  such  deputy  may  be 
revoked  by  the  commissioner  of  horticulture  at  will.  The  commissioner  of 
horticulture  shall  be  responsible  for  the  acts  of  his  deputy : Provided,  That  no 
charge  or  claim  shall  ever  be  made  against  the  State  or  any  of  its  funds  for 
compensation  to  such  deputy. 

Sec.  3.  Said  commissioner  may  be  removed  from  office  at  any  time  for  cause, 
such  as  inefficiency,  neglect  of  duty,  or  immoral  conduct,  but  no  removal  from 
the  office  of  commissioner  of  horticulture  shall  be  made  for  political  reasons. 
Vacancies  occurring  in  the  office  of  commissioner  during  a term  shall  be  filled 
by  the  governor  making  an  appointment  for  the  unexpired  term,  under  the  rules 
and  regulations  as  prescribed  in  section  1 of  this  act  for  full-term  appointment. 

Sec.  4 (as  amended  by  act  of  1905).  Fruit  culturists  in  any  county  in  this 
State  are  hereby  authorized  and  empowered  to  organize  into  a horticultural 


7418 — No.  61  m 11 


162 


LAWS  AGAINST  INJURIOUS  INSECTS. 


society,  and  the  better  to  promote  and  protect  the  horticultural  interests  of  the  r 
county,  the  society  will  nominate  three  qualified  persons  for  county  inspector  of  p 
fruit,  fruit  trees,  orchards,  plants,  boxes,  barrels,  and  other  packages  in  which  l» 
fruit  or  fruit  trees  have  been  shipped.  The  nomination  shall  be  made  to  the  I 
hoard  of  commissioners  (of  the  county  w'hereiu  said  society  is  organized),  whoj  I 
are  hereby  authorized  and  required  to  appoint  such  person  as  county  fruit  li 
inspector  for  a term  of  two  years,  deliver  to  him  a certificate  of  appointment.  It 
and  mail  a duplicate  copy  of  said  certificate  to  the  commissioner  of  horticulture : 
Provided,  however.  That  county  inspectors  shall  be  required  to  pass  a satis- 
factory examination  before  the  State  horticultural  commissioner,  or  the  faculty 
of  the  agricultural  college,  before  they  are  authorized  to  perform  the  duties  of 
their  office.  In  counties  where  no  horticultural  society  exists,  the  county  com- 
missioner shall  select  and  appoint  a suitable  person  to  act  as  county  inspector, 
and  report  their  action  to  the  commissioner  of  horticulture  for  confirmation.  All 
county  fruit  inspectors  shall  be  entitled  to  such  pay  for  their  services  as  the 
board  of  county  commissioners  of  the  county  in  which  their  work  was  performed 
may  direct.  Any  county  inspector  shall  be  removed  by  the  commissioner  of 
horticulture  for  incompetency,  neglect  of  duty,  or  other  sufficient  cause,  upon 
complaint  filed  with  him  signed  by  the  proper  officers  of  the  horticultural  society 
in  the  county  in  which  such  inspector  is  sought  to  be  removed : Provided,  That 
no  such  removal  shall  be  made  without  giving  such  inspector  a hearing  and  ten 
days’  notice  of  the  time  and  place  thereof,  such  hearing  to  be  had  before  the 
commissioner  of  horticulture.  In  order  to  furnish  to  the  office  of  the  commis- 
sioner of  horticulture  information  regarding  the  condition  of  orchards  through- 
out the  State,  and  to  determine  the  compensation  of  such  county  inspectors,  they 
shall  make  monthly  reports  to  the  commissioner  of  horticulture  under  oath  upon 
blanks  furnished  by  said  commissioner.  All  county  fruit  inspectors  shall  make 
a monthly  report  to  the  county  commissioners  of  their  county,  setting  forth  the 
number  of  days’  wrork  performed  and  character  thereof,  and  make  oath  to  the 
correctness  of  such  statement  and  furnish  necessary  vouchers  upon  which  the 
county  commissioners  shall  determine  the  accuracy  of  their  accounts ; such  j 
monthly  report  and  rendition  of  account  shall  be  sworn  to  by  the  county  inspector! 
before  the  clerk  of  the  county  court.  Any  county  inspector  who  shall  in  said 
report  under  oath  falsely  state  the  number  of  days’  work  he  has  actually  per- 
formed in  any  month,  shall  be  deemed  guilty  of  perjury  and  upon  conviction 
thereof  shall  be  liable  to  the  penalty  provided  by  law  therefor. 

Sec.  5 (as  amended  by  act  of  1905).  No  person,  firm,  corporation,  or  tree  dealer ■ 
shall  engage  or  continue  in  the  business  of  selling  as  agent,  solicitor,  or  other- 1 
wise  within  the  State  or  importing  fruit  trees,  plants,  or  nursery  stock  into  the! 
State  without  having  first  obtained  a license  to  carry  on  such  business  in  this  | 
State,  as  in  this  act  provided. 

Sec.  6 (as  amended  by  act  of  1905).  Any  person,  firm,  corporation,  or  tree! 
dealer,  agent,  or  solicitor  may  obtain  a license  to  engage  or  continue  in  the  busi-  j| 
ness  of  selling  and  importing  fruit  trees,  plants,  or  nursery  stock  into  this  State! 
by  submitting  his  application  therefor  to  the  commissioner  of  horticulture,  to-|j 
gether  with  a satisfactory  bond  of  one  thousand  dollars  made  in  conformity  |j 
with  the  laws  of  the  State  of  Washington.  All  bonds  submitted  shall  be  made!] 
in  conformity  with  the  laws  of  the  State  of  Washington,  such  bond  to  be  ap-| 
proved  by  and  filed  with  the  said  commissioner,  conditioned  that  the  principal 
and  his  or  their  agents  will  faithfully  obey  the  provisions  of  this  act,  the  laws  ;! 
of  the  State  of  Washington,  and  that  the  said  principal  pays  the  costs  of  inspec-jj 
tion  and  destruction  of  all  infected  nursery  stock,  or  other  material  or  goods)! 
imported  into  and  sold  within  such  district  of  this  State  by  said  principal,  his 


WASHINGTON. 


163 


e r their  agent.  Any  person  or  persons  shall  have  legal  recourse  against  the 
f jnd  for  any  damages  accruing  from  the  sale  of  or  delivery  of  infected  nursery 
) :ock.  All  licenses  issued  by  the  commissioner  of  horticulture  shall  bear  the 
ame  of  the  solicitor,  agent,  or  salesman  and  shall  not  be  transferable.  Any 
fiicitor  or  agent  falsely  representing  any  nursery,  firm,  corporation,  or  tree 
ealer  shall  be  deemed  guilty  of  a misdemeanor,  and  subject  to  a fine  of  not  less 
lan  fifty  nor  more  than  one  hundred  dollars,  and  such  conviction  shall  ipso 
icto  work  a forfeiture  of  his  license.  Any  license  granted  to  any  person,  firm, 
arporation,  or  tree  dealer  shall  be  suspended  in  its  operation  by  the  commis- 
ioner  of  horticulture  upon  the  report  of  any  inspector  that  said  person,  firm, 
arporation,  or  tree  dealer  has  introduced  infected  stock  into  the  State  of  Wash- 
lgton,  and  if  upon  examination  by  the  commissioner  such  report  of  the  inspector 
hall  be  found  to  be  supported  by  facts,  such  license  shall  at  once  be  revoked, 
'he  license  fee  for  nurserymen  and  tree  dealers  shall  be  five  dollars,  and  for 
heir  agents  or  salesmen,  who  shall  be  furnished  an  authentic  copy,  two  dollars 
nd  fifty  cents.  Said  money  shall  be  collected  by  the  State  horticultural  com- 
lissioner  and  paid  to  the  treasurer  of  the  State  of  ‘Washington.  All  licenses 
hall  expire  on  the  first  day  of  April,  1905,  and  on  the  first  day  of  April  every 
econd  year  thereafter. 

Sec.  7 (as  amended  by  act  of  1905).  It  shall  be  the  duty  of  every  person,  firm, 
orporation,  or  tree  dealer  licensed  to  do  business  under  this  act  to  notify  the 
Horticultural  commissioner  of  his  intention  to  ship  an  invoice  of  fruit  trees, 
dants,  or  nursery  stock  from  one  point  to  another  within  the  State,  or  to  import 
in  invoice  of  similar  goods  from  without  to  any  point  within  the  State,  whether 
or  the  purpose  of  sale  or  for  personal  use.  Such  notice  shall  contain  the  name 
md  address  of  both  consignor  and  consignee  and  a descriptive  invoice  of  the 
roods  to  be  shipped,  the  freight  or  express  office  at  which  the  goods  are  to  be 
ielivered,  and  the  name  or  title  of  the  transportation  company  from  which  the 
‘onsignees  received  such  goods.  A copy  of  such  notice  shall  also  be  mailed  to 
:he  county  fruit  inspector  in  the  county  in  which  the  point  of  destination  is 
ocated.  Such  notices  shall  be  mailed  not  later  than  the  date  of  such  shipment. 
Upon  receipt  at  destination  of  any  invoice  of  fruit  trees,  plants,  or  nursery 
dock,  it  shall  be  the  duty  of  the  freight  agent,  express  agent,  or  other  trans- 
portation company’s  employee  having  such  invoice  of  fruit  trees,  plants,  or 
aursery  stock  in  charge  to  notify  the  county  fruit  inspector  within  whose  juris- 
diction said  invoice  is  received  of  the  receipt  of  said  invoice,  naming  consignor 
and  consignee,  and  that  said  invoice  is  ready  for  inspection,  notification  to  be 
by  telegraph  or  telephone,  and  to  hold  said  invoice  for  inspection  by  the  county 
fruit  inspector  before  delivering  said  invoice  of  fruit  trees,  plants,  or  nursery 
stock  to  the  consignee,  excepting  that  said  invoice  need  not  be  held  more  than 
twenty-four  hours  after  notification  is  made  to  the  county  fruit  inspector. 
The  said  inspection  not  to  be  made  by  the  county  fruit  inspector  until  the 
freight,  express,  or  other  transportation  charges  are  paid,  unless  the  freight 
agent,  express  agent,  or  other  transportation  company’s  employee  in  charge  of 
said  invoice  consents  to  said  inspection  being  made  before  said  charges  are 
paid. 

Sec.  8 (as  amended  by  act  of  1905).  Any  person,  firm,  corporation,  or  tree 
dealer  who  shall  sell  within  this  State,  or  import  into  this  State,  any  fruit, 
scions,  fruit  trees,  plants,  or  nursery  stock  in  violation  of  the  provisions  of  this 
act,  shall  be  deemed  guilty  of  a misdemeanor,  and  on  conviction  thereof  shall 
be  fined  for  each  offense  in  any  sum  not  less  than  fifty  nor  more  than  one  hun- 
dred dollars. 

Sec.  9.  Any  person  who  shall  offer  for  sale,  or  solicit  persons  within  this  State 


164 


LAWS  AGAINST  INJURIOUS  INSECTS. 


to  purchase  from  him,  any  fruit  trees,  plants,  or  nursery  stock  belonging  to  any 
person  or  firm  not  licensed  under  the  provisions  of  this  act  shall  be  deemed] 
guilty  of  a misdemeanor  and  fined  in  any  sum  not  less  than  fifty  dollars  nor 
exceeding  one  hundred  dollars.  All  fines  imposed  for  the  violation  of  the  pron 
visions  of  this  act  shall  be  paid  to  the  treasurer  of  the  county  wherein  the  viola- 
tion was  committed  and  be  placed  to  the  credit  of  the  general  fund  of  such 
county. 

Sec.  10.  For  the  purpose  of  preventing  the  introduction  and  spread  of  conta- 
gious diseases,  fruit  pests,  spores,  and  fungus  growth  among  fruit  trees  and 
plants  and  other  nursery  stock  and  for  the  disinfecting  and  cure  of  fruit  dis- 
eases, pests,  spores,  and  fungus  growths,  the  commissioner  of  horticulture  shall 
prescribe  such  remedies  as  he  shall  deem  best,  describe  and  formulate  such 
remedies  with  their  proper  mode  of  application,  with  such  additional  instruc- 
tions as  he  may  deem  necessary,  into  a circular  or  bulletin,  which  he  shall  have 
printed  and  distributed  to  the  several  county  horticultural  societies  and 
inspectors  of  the  State.  He  shall  include  also  in  said  bulletin  the  rules  andi 
regulations  under  which  a person,  firm,  or  corporation  may  lawfully  sell,  import 
into  this  State,  and  sell  or  authorize  to  be  sold  fruit  trees,  plants,  or  nursery 
stock,  and  the  penalty  to  be  incurred  for  the  violation  of  these  rules.  He  shall 
prepare  also  a poster  which  shall  contain  said  rules,  regulations,  and  penalties, 
which  shall  be  distributed  with  said  bulletin.  County  inspectors  are  directed 
to  put  up  such  posters  in  not  less  than  three  conspicuous  places  in  their  county, 
one  of  which  places  must  be  in  front  of  the  county  court-house.  The  commis- 
sioner of  horticulture  shall  hear  and  promptly  decide  all  appeals  from  the 
county  inspectors,  and  his  decision  shall  have  full  force  and  effect  until  set 
aside  by  the  courts  of  the  State.  In  all  cases  of  appeal  he  shall  disregard 
technicalities  and  decide  each  and  every  case  on  its  merits.  All  appeals  from 
county  inspectors  to  commissioners  shall  be  under  forms  and  regulations  pre- 
scribed by  the  commissioner.  The  commissioner  shall  approve  or  reject  all 
bonds  required  by  law  to  be  submitted  to  him,  and  he  shall  file  and  safely  keep 
all  bonds  and  other  papers  by  law  required  to  be  filed  with  him,  and  shall, 
upon  the  expiration  of  his  term  of  office,  turn  over  the  same  to  his  successor.; 
He  shall  examine  all  fruit,  specimens  of  fruit  trees,  shrubbery,  or  plants  sub- 
mitted to  him  for  examination  ; enter  the  name  of  the  person  presenting  such 
specimens  of  fruit  trees,  shrubs,  or  plants  for  examination,  and  the  result  of 
his  examination  in  a register  to  be  kept  by  him  for  that  purpose,  and  send  aj 
copy  of  such  result  to  the  person  asking  for  the  examination.  He  shall  from 
time  to  time,  as  he  may  deem  for  the  best  interests  of  the  horticultural  indus- 
tries of  the  State,  publish  bulletins  which  shall  be  sent  free  to  the  various 
county  horticultural  societies  of  the  State ; such  bulletins  to  contain  a brief 
resume  of  the  discoveries  of  science  of  interest  to  horticulture,  or  any  other] 
matter  which  the  commissioner  shall  deem  of  importance  to  such  interest.  And 
unless  there  be  urgent  or  special  need  therefor  no  bulletin  shall  contain  any] 
matter  that  has  appeared  in  any  previous  bulletin. 

Sec.  11.  County  fruit  inspectors  who  shall  be  appointed  under  and  by  au- 
thority of  this  act  are  hereby  authorized,  directed,  and  empowered  to  enforce!] 
the  provisions  of  this  act  to  prevent  the  introduction  and  spread  of  fruit  tree}] 
and  plant  diseases,  insect  pests,  fungi  spores,  eggs  or  larvae  of  insects  injurious! 
to  the  fruit  industries  of  his  county  or  of  this  State. 

Sec.  12  (as  amended  by  act  of  1905).  Whenever  from  any  cause  there  shall  be;> 
an  absence  of  an  inspector  in  any  county  the  county  commissioners  of  suclL 
county  shall  be  notified  by  the  commissioner  of  horticulture  to  appoint  a county' 


WASHINGTON. 


165 


Irruit  inspector.  And  in  case  of  their  failure  to  do  so  the  commissioner  of  horti- 

! Culture  shall  have  power  to  order  an  inspector  from  any  adjoining  county  in 
iis  district  to  perform  the  duties  required  by  this  act  in  the  county  needing  the 
|services  of  such  inspector,  and  the  expense  of  such  inspection  shall  be  charge- 
able to  and  paid  for  by  the  county  in  which  the  said  services  are  rendered  in 
■the  manner  hereinbefore  provided.  Whenever  any  county  fruit  inspector  re- 
quires assistance  in  the  discharge  of  his  duties  he  shall  make  written  applica- 
tion to  the  county  commissioners  for  the  temporary  appointment  of  an  assistant, 
[stating  the  length  of  time  for  which  such  assistant  will  be  required,  and  all 
[appointments  of  such  assistant  shall  be  left  discretionary  to  the  board  of  county 
■commissioners.  Assistant  county  inspectors  shall  have  the  same  powers  to  per- 
ilform  the  same  duties  as  county  inspectors,  and  such  assistant  shall  be  entitled 
Ito  the  same  compensation  and  to  be  paid  in  the  same  manner  as  county 
[inspectors. 

Sec.  13.  It  is  hereby  made  the  duty  of  the  county  fruit  inspector,  if,  from  his 
[{personal  observation,  complaint,  or  other  credible  information,  he  has  reason  to 
[suspect  that  any  person,  company,  or  corporation  has  an  orchard,  tree,  or 
:!  nursery  of  trees,  vines,  or  garden,  fruit  packing  house,  storeroom,  or  that  any 
!|  other  place  or  material  in  his  county  is  infected  with  or  is  a repository  for 
;eggs,  larvae,  or  any  noxious  insects  injurious  to  fruit  and  plants,  or  that  any 
il trees,  fruits,  or  plants  are  in  transit  to  his  county  from  outside  this  State  or 
are  about  to  be  disseminated  or  distributed  within  his  county  which  are  known 
to  be  or  are  suspected  to  be  from  localities  that  are  infested  with  any  disease 
or  pest  injurious  or  that  may  become  injurious  to  the  fruit  interests  of  his 
' county  or  State.  He  shall  without  delay  inspect  the  premises,  property,  or 
material  so  suspected,  and  if  the  same  is  found  to  be  infected  as  aforesaid,  he 
; shall  notify  the  owner,  his  agent,  or  the  person  in  charge  of  the  same  not  to 
remove  or  allow  the  removal  of  such  property  until  the  same  has  been  disin- 
fected, prescribing  the  manner  of  disinfection,  and  shall  direct  the  owner,  agent,  or 
person  having  such  property  in  his  charge  to  treat  and  disinfect  the  said  premises 
and  property  within  five  days.  If  any  person  so  notified  shall  permit  the  re- 
moval of  or  fail  to  disinfect  such  property  or  premises  in  the  manner  and  in 
the  time  prescribed  in  said  notice,  the  person  so  notified  and  failing  to  disinfect 
the  infected  property  or  premises,  or  who  shall  permit  the  removal  of  the  same 
prior  to  disinfection,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  $50  nor  more  than  $100  and  the  cost 
of  action  in  court,  which  fine  and  costs  shall  be  a judgment  lien  upon  said 
premises  or  property.  After  the  expiration  of  ten  days  and  a failure  on  the  part 
of  the  owner  or  person  in  charge  to  disinfect  the  said  premises  or  property  as 
aforesaid,  then  to  prevent  the  spread  of  insect  pests  or  disease  it  will  be  the 
duty  of  the  county  inspector  to  enter  on  such  premises  or  property  and  disin- 
fect the  same.  The  cost  of  such  disinfection  shall  be  a lien  against  said  property 
or  premises,  the  payment  of  which  shall  be  collectible  with  the  costs  in  any  court 
of  this  State. 

Sec.  14  (as  amended  by  act  of  1905).  Any  person  or  persons  who  shall  bring 
into  the  State,  have  in  their  possession,  or  offer  for  sale  or  distribute  or  give 
away,  fruit  trees,  shrubs,  fruit,  or  other  material  infested  with  any  kind  of 
insect  pest  injurious  to  fruit,  fruit  trees,  or  plants  shall  be  guilty  of  a misde- 
meanor, and,  upon  conviction  thereof,  shall  be  punished  by  a fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  sixty  days  nor  more  than  one  year : Provided , 
That  for  each  repeated  offense  the  person  or  persons  convicted  may  be  pun- 


166 


LAWS  AGAINST  INJURIOUS  INSECTS. 


ished  by  a fine  of  not  less  than  two  hundred  dollars  nor  more  than  eight  hui 
dred  dollars,  or  by  imprisonment  not  to  exceed  two  years.  Any  person  or  pe 
sons  who  shall  sell,  offer  for  sale,  distribute,  or  give  away  any  tree  or  tree 
root  or  roots,  grass,  cuttings,  or  scions  infected  with  insect  pests,  spores,  c 
fungus  growth  shall  be  deemed  guilty  of  a misdemeanor,  and,  on  convictio 
thereof,  shall  be  punished  by  a fine  of  not  less  than  fifty  dollars  nor  more  tha 
two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  fiftee 
days  nor  more  than  thirty  days.  A repetition  of  the  offense  shall  subject  tb 
offender  to  increased  penalty  not  over  the  maximum  above  stated.  Any  nurser 
trees,  shrubs,  or  plants  which  have  been  shipped  from  and  to  any  place  withi 
the  State  for  distribution  or  for  planting  and  which  are  infected  with  an 
injurious  insect,  larvae,  or  fungus  growth  shall  be  disinfected  under  the  dire< 
tion  of  the  inspector  of  the  county  where  such  trees  and  plants  are  taken,  an 
the  cost  of  such  disinfection  shall  be  charged  to  the  owner  of  said  articles  an 
shall  be  a lien  on  such  trees,  shrubs,  or  plants  until  paid,  and  the  person  i 
possession  of  such  articles  being  held  subject  to  lien  shall  have  a legitimat 
claim  against  the  party  from  whom  he  received  the  articles  for  reimbursemen 
of  costs,  including  cost  of  collection,  and  shall  have  recourse  against  the  bon 
of  the  person  furnishing  the  articles,  and  such  claim  may  be  enforced  in  an 
court  of  competent  jurisdiction  of  the  State.  That  any  agent,  tree  dealer,  o 
salesman  who  shall  solicit  orders  for  fruit  trees  or  nursery  stock  shall  leav 
with  the  person  giving  such  order  a duplicate  of  the  same,  and  attach  theret 
a certificate  to  be  signed  by  such  salesman  or  agent,  naming  the  nursery  froi 
which  such  nursery  stock  will  be  supplied  and  its  location. 

Sec.  15  (as  amended  by  act  of  1905).  The  county  fruit  inspector  shall,  in  th> 
performance  of  his  duties  as  such  inspector,  have  on  any  day  except  Sunda; 
free  access  to  orchards,  nurseries,  gardens,  hop  fields,  packing  houses,  frui 
sheds,  and  storerooms  where  fruit  may  be  kept ; fruit  boxes,  full  or  empty,  o 
any  other  material  or  place  suspected  of  being  infected  with  insect  pests  o; 
diseases  injurious  to  the  fruit  interest  of  the  State.  If  he  find  any  nursery 
orchard,  garden,  or  other  place  or  material  infected  with  insects  or  fungu: 
growth,  larvae,  or  spores  injurious  to  the  fruit  interests,  he  shall  forthwitl 
notify  in  writing  the  owners,  occupants,  or  persons  in  possession  thereof  that  th< 
same  is  infected,  prohibit  their  removal,  and  direct  the  manner  in  which  th< 
same  shall  be  disinfected.  If  the  owner,  occupant,  or  person  in  possession  o: 
said  orchard,  garden,  storeroom,  fruit  stand,  or  other  place,  or  infected  mate 
rial  shall  not  within  ten  days  disinfect  the  same  in  the  manner  by  the  countj 
inspector  provided  or  shall  not  have  appealed  from  the  decision  of  the  countj 
inspector  to  the  commissioner  of  horticulture,  if  the  premises  infected  be  ar 
orchard,  or  nursery  of  fruit  trees,  a garden,  fruit  stand,  or  storeroom,  and  tin 
person  or  persons  in  charge  thereof  have  neglected  or  refused  to  disinfect  th< 
said  premises  within  the  time  specified  in  said  notice  nor  have  appealed  as  afore 
said,  then  the  county  inspector  shall  enter  on  and  disinfect  part  or  all  of  saic 
premises  so  neglected,  and  the  cost  thereof  shall  be  a legimate  [legitimate] 
charge  and  lien,  with  interest  until  paid,  upon  the  real  property  of  the  owner 
ol  such  premises  so  disinfected ; such  lien  shall  be  collectible  with  costs  in  suit] 
m any  of  the  courts  of  the  State  as  other  lawful  claims  are  collectible.  If  tha 
infected  property  be  transportable  material,  the  county  inspector  shall  notify! 
the  person  in  charge  thereof  not  to  remove  the  same  and  to  disinfect  the  sarnei 
within  twenty-four  hours  and  describe  the  manner  of  disinfection.  If  tha 
person  in  charge  of  said  infected  material  neglect  or  refuse  to  disinfect  thei 
same  as  notified  or  fail  to  appeal,  then  the  inspector  shall  destroy  such  infectedj 


WASHINGTON. 


167 


m material  or  fruits,  fruit  boxes,  baskets,  wrappings,  portable  fruit  stands  by 

i turning  the  same.  If  an  appeal  be  taken,  the  inspector  shall,  after  twenty-four 
■ Liours’  notice  take  immediate  possession  of  such  movable  property  and  safely 

0 keep  them  until  the  appeal  be  decided.  If  the  decision  of  the  commissioners 
>i  be  in  favor  of  the  appellant,  the  property  shall  be  returned  to  him ; on  an 

ii  adverse  decision  the  property  must  be  destroyed  by  the  inspector.  All  appeals 

1 from  the  action  or  demand  of  the  county  inspector  shall  be  taken  to  the  State 
i commissioner  of  horticulture.  That  no  county  fruit  inspector  shall  act  as  solic- 
Jitor  or  agent  for  the  sale  or  distribution  of  any  nursery  stock,  supplies,  or 

machinery  for  use  in  orchards,  nor  engage  in  the  purchase  or  marking  of  fruit 
from  any  orchard  save  his  own.  When  satisfactory  evidence  that  any  county 
fruit  inspector  has  violated  the  provisions  of  this  section,  the  horticultural 
commissioner  shall  remove  such  inspector  and  report  the  removal  to  the  county 
commissioners  of  his  (the  inspector’s)  county. 

Sec.  16.  The  said  commissioner  of  horticulture  shall  be  allowed  seven  hundred 
dollars  ($700)  per  annum  for  the  employment  of  one  office  clerk,  who  shall  be 
continually  in  the  office  of  the  commissioner  during  normal  office  hours,  and 
whose  salary  shall  be  paid  monthly. 

Sec.  17.  There  shall  be  kept  and  maintained  in  the  office  of  the  commissioner 
in  the  city  of  Tacoma  an  exhibit  of  the  fruits  of  the  State  of  Washington,  and 
for  the  maintenance  of  such  exhibit  an  annual  appropriation  of  three  hundred 
dollars  ($300)  per  annum  is  hereby  made,  to  be  paid  out  upon  warrants  drawn 
by  the  State  auditor  upon  the  presentation  of  proper  vouchers. 

Sec.  18.  An  annual  “ inspector’s  institute  ” shall  be  held  during  the  month 
of  January  at  the  agricultural  college  at  Pullman.  The  commissioner  of 
horticulture  shall  fix  the  date  of  convening  of  such  institute  and  by  written 
notices  direct  the  attendance  of  all  county  inspectors.  The  commissioner  shall 
preside  over  and  formulate  the  proceedings  of  the  institute,  which  shall  con- 
tinue for  four  days.  As  the  purpose  of  these  institutes  is  improvement  and 
conference  and  study  of  insects,  of  experimentation  by  the  scientist  of  the  col- 
lege along  entomologist  and  horticultural  lines,  it  is  required  that  all  county  in- 
spectors shall  attend  such  institute  meetings  unless  prevented  by  illness.  Fail- 
ure to  attend  on  the  part  of  any  inspector  shall  work  a forfeiture  of  his  office, 
and  it  shall  be  the  duty  of  the  commissioner  to  inform  county  commissioners  of 
the  absence  of  their  inspectors.  Inspectors  attending  institutes  shall  be  allowed 
their  actual  traveling  expenses  and  hotel  bills  on  vouchers  endorsed  by  the 
commissioner  or  chairman  of  institute,  said  expenses  to  be  paid  by  the  respective 
counties. 

Sec.  19.  Any  person  offering  any  hindrance  to  the  carrying  out  of  this  act 
or  in  any  manner  preventing  or  hindering  any  inspection  herein  provided  for 
shall,  upon  conviction,  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars,  together  with  the  costs. 

Sec.  20.  [Refers  to  appropriation.] 

Sec.  21.  A certain  act  approved  March  17,  1897,  and  entitled  “An  act  to  pro- 
mote and  protect  the  fruit-growing  and  horticultural  interests  of  the  State  of 
Washington,  to  provide  for  the  appointment  of  commissioner  of  horticulture 
and  to  repeal  certain  laws  in  conflict  therewith,”  and  all  other  laws  or  parts  of 
laws  inconsistent  with  or  in  conflict  with  the  provisions  of  this  act,  are  hereby 
repealed. 

Sec.  22.  An  emergency  exists,  and  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  approval  by  the  governor. 


168 


LAWS  AGAINST  INJURIOUS  INSECTS. 


WEST  VIRGINIA. 

Chapter  33,  Acts  of  1901. 

An  Act  to  prevent  the  introduction  and  spread  of  the  San  Jose  scale  and  other  danger 
ous  insects  and  dangerously  contagious  diseases  affecting  trees,  shrubs,  vines  plants 
and  fruits. 

Be  it  enacted  by  the  legislature  of  West  Virginia: 

1.  That  the  director  of  the  West  Virginia  agricultural  experiment  station,  im 
mediately  on  the  taking  effect  of  this  act,  shall  appoint  a competent  person  oi 
persons  who  shall,  under  the  direction  of  the  said  director,  perform  the  duties 
hereinafter  provided. 

Sec.  2 (as  amended  by  chapter  49,  Laws  of  1903).  It  shall  be  the  duty  of  the 
director,  either  in  person  or  through  his  assistants,  to  seek  out  and  devise 
means  of  suppressing  and  eradicating  throughout  the  State  the  San  Jose  scale 
and  other  dangerous  insects,  and  tree,  shrub,  vine,  or  plant  diseases.  Black 
knot  and  peach  yellows  are  hereby  declared  to  be  dangerous  within  the  meaning 
of  this  act,  and  trees,  shrubs,  vines,  or  plants  affected  with  either  of  these  dis- 
eases shall  be  subject  to  its  provisions.  The  mention  of  San  Jose  scale,  peach 
yellows,  and  black  knot,  in  this  section,  shall  not  be  held  to  exclude  other! 
insects  or  diseases,  which  may  be  found  to  be  dangerous,  from  the  provisions  ofl 
this  act.  Said  director  in  person,  or  through  his  assistants,  shall  examine  oncel 
in  each  year,  not  later  than  September  fifteenth,  all  nurseries  in  the  State  of 
West  Virginia,  as  to  whether  they  are  infested  with  San  Jose  scale  or  other 
dangerous  insects,  or  infected  with  dangerous  contagious  tree,  vine,  shrub,  or 
plant  diseases;  and  if  upon  inspection  such  nurseries  appear  to  be  free  from 
such  insects  or  diseases,  the  director  shall  give  each  owner  of  such  nursery  or 
nurseries  a certificate  to  the  facts.  Nurserymen  must  furnish  transportation 
to  and  from  railway  station  and  facilities  for  reaching  their  growing  stock  to 
such  person  or  assistant  selected  by  the  director  to  make  said  inspection.  This 
certificate  shall  be  void  after  September  fifteenth  of  the  year  following.  A 
duplicate  of  each  certificate,  together  with  a statement  of  amount  received  there- 
for, shall  be  filed  by  said  person  or  assistant  with  said  director  within  ten 
days  of  its  issue,  and  neglect  to  file  such  duplicate  of  certificate  and  statement 
shall  be  treated  as  a misdemeanor.  If  any  dangerously  injurious  insects  or 
infectious  diseases  are  found  on  the  premises  of  any  nursery  or  nursery  stockS 
the  director  may  order  and  enforce  such  treatment  of  said  nursery  stock  as  he 
may  deem  sufficient,  in  addition  to  a thorough  inspection,  before  granting  a cer-H 
tificate. 

Whenever  a nurseryman,  or  any  person  shall  ship  or  deliver  within  this  State,  | 
except  for  scientific  purposes,  trees,  shrubs,  plants,  or  other  nursery  stock,  he| 
shall  place  upon  each  carload,  box,  bale,  or  package  a copy  of  a certificate,  the  II 
original  of  which  is  signed  by  a State  or  Government  inspector,  stating  that  such  jj 
stock  has  been  inspected  and  has  been  found  apparently  free  from  dangerous  H 
insects  and  dangerously  contagious  tree,  shrub,  vine,  and  plant  diseases.  The  H 
illegal  use  of  said  certificates  by  changing,  defacing,  or  placing  it  on  unin- 1 
spected  stock,  or  using  the  same  after  date  of  expiration  or  revocation,  shall  ■ I 
render  the  owner  or  shipper  liable  to  the  penalty  prescribed  for  a violation  of  | 
this  act.  No  person  growing  for  sale  any  trees,  shrubs,  vines,  or  plants,  shall 
deliver  the  same  without  applying  to  the  director  for  the  certificate  provided 
for  in  this  act. 

No  person  growing  for  sale,  or  having  in  his  possession  with  intent  to  sell,  , 
any  trees,  shrubs,  vines,  or  plants,  shall  deliver  the  same  before  having  thor- 


WEST  VIRGINIA. 


169 


glily  fumigated  the  same  according  to  rules  prescribed  by  said  director  or 
lier  State  and  Government  inspector. 

Sec.  3 (as  amended  by  chapter  49,  laws  of  1903).  It  shall  further  be  the 
ity  of  said  director,  through  his  assistants,  to  cause  the  examination  of  all 
chards,  gardens,  and  other  premises,  either  public  or  private,  which  they  shall 
!s’ ve  reason  to  suppose  to  be  infested  or  infected  with  any  dangerously  inju- 
)us  insects  or  infectious  diseases  liable  to  spread  or  to  be  conveyed  to  other 
emises,  and  for  this  purpose  said  director  and  his  assistants  are  authorized, 
ms  iring  reasonable  business  hours,  to  enter  into  or  upon  any  farm,  orchard,  nurs- 
ory,  garden,  storehouse,  or  other  building  or  place  used  for  growing,  storing, 
eking,  or  -sale  of  nursery  and  other  horticultural  products.  If  said  director 
his  assistants  shall  find  on  inspection,  as  aforesaid,  that  any  nursery,  or- 
k ard,  garden,  or  other  property  or  place  is  infested  or  infected  with  such  dan- 
ise  rously  injurious  insects  or  infectious  diseases,  liable  to  spread  or  to  be  con- 
ile  yed  to  other  premises,  to  the  serious  injury  of  the  property  thereon,  the  same 
ck  all  be  declared  a public  nuisance ; and  he  shall  notify,  in  writing,  the  owner 
tig  persons  in  charge  of  such  infested  or  infected  property,  and  shall  direct  him, 
is-  ithin  a time  and  in  a manner  prescribed  in  such  notice,  to  use  such  means  as 
it  tall  prevent  the  conveyance  or  spread  of  such  insects  or  diseases  to  the  prop- 
er ty  of  others ; and  such  infested  or  infected  property  must  not  be  removed 
of  om  the  premises  after  the  owner  or  person  in  charge  of  the  same  shall  have 
ce  ;en  notified,  as  aforesaid,  without  the  written  permission  of  said  director  or 
of  s assistants.  If  the  person  so  notified  shall  refuse  or  neglect  to  treat  and 
or  sinfect  said  premises  or  property,  in  the  manner  and  within  the  time  pre- 
)r  ribed,  it  shall  be  the  duty  of  the  director  to  cause  such  premises  or  property 
ni  be  so  treated,  and  they  shall  certify  to  the  owner  or  person  in  charge  of  such 
>r  'emises  the  cost  of  the  treatment.  If  said  sum  is  not  paid  to  them  within 
n xty  days  thereafter  the  same  may  be  recovered,  together  with  the  cost  of 

0 ;tion,  before  any  court  in  the  State  having  competent  jurisdiction. 

is  Any  tree,  plant,  shrub,  et  cetera,  which  may,  in  the  judgment  of  the  director 

1 * his  assistants,  be  so  badly  infested  or  infected  as  to  render  expense  of  treat- 
i-  ent  unjustifiable,  shall  be  declared  a public  nuisance,  and  may  be  destroyed 
a ! 7 them  or  their  assistants  without  liability  for  compensation  to  the  owner 
t lereof.  Right  of  appeal  from  the  decision  or  requirements  of  the  assistants 
r ay  be  made  to  the  said  director  within  three  days  after  notice  of  such  decision 
i r requirements  has  been  served,  and  the  decision  of  the  director  shall  be  final. 
M Sec.  4 (as  amended  by  chapter  49,  Laws  of  1903).  Every  package  of  trees, 
- prubs,  vines,  or  plants  shipped  into  this  State  from  any  other  State,  Territory, 

Duntry,  or  province,  shall  be  plainly  labelled  on  the  outside  with  the  names  of 
. pe  consignor  and  consignee,  and  a certificate  showing  that  the  contents  have 
1 een  inspected  by  a State  or  Government  officer,  and  that  the  trees,  shrubs, 
1 ines,  or  plants  therein  contained  have  been  fumigated,  according  to  rules  pre- 
i bribed  by  the  State  or  Government  officer,  and  appear  to  be  free  from  all  dan- 
; erous  insects  and  dangerously  infectious  diseases.  If  any  trees,  shrubs,  vines, 

1 |r  plants  are  shipped  into  this  State  without  such  certificate  plainly  affixed  on 
be  outside  of  the  package,  box,  or  car  containing  the  same,  the  consignee 
hereof  shall  not  receive,  use,  or  distribute  the  same  until  the  consignor  shall 
ave  affixed  thereto  the  certificate  of  inspection  required  by  this  act.  When 
ursery  stock  is  shipped  into  this  State  accompanied  by  a certificate,  as  herein 
rovided,  it  shall  be  held  prima  facie  evidence  of  the  facts  therein  stated.  But 
he  director  or  his  assistants,  when  they  have  reason  to  believe  that  any  such 
tock  is  infested  or  infected,  as  heretobefore  described,  shall  be  authorized  to 
nspect  the  same.  In  case  such  stock  is  found  to  be  infested  or  infected  by  any 


170 


LAWS  AGAINST  INJURIOUS  INSECTS. 


of  the  aforesaid  insects  or  plant  diseases,  such  stock  shall  be  held  subject  ft 
order  of  shipper,  not  to  exceed  ten  days,  before  being  declared  a public  n j 
sance  and  destroyed.  All  expenses  incurred  by  the  director  or  his  assistants  i 
carrying  out  the  provisions  of  this  act  shall  be  paid  out  of  the  funds  appi  f 
priated  by  this  act. 

Sec.  5.  Any  person  violating  or  neglecting  to  carry  out  the  provisions  of  tl  t 
act,  or  offering  any  hindrance  to  the  carrying  out  of  this  act,  shall  be  adjudg  9 
guilty  of  a misdemeanor,  and  upon  conviction  before  any  justice  of  the  pea  | 
shall  be  fined  not  less  than  ten  dollars  and  not  more  than  one  hundred  dolla 
for  each  and  every  offense,  together  with  all  the  costs  of  the  prosecution,  a 
shall  stand  committed  until  the  same  is  paid.  It  shall  be  the  duty  of  the  pros 
outing  attorney  to  prosecute  all  violations  of  this  act  and  all  amounts  so  recc 
ered  shall  be  paid  over  into  the  State  .treasury. 

Sec.  0.  The  director  shall  make  an  annual  report  to  the  governor  of  the  State  L 
copy  of  which  shall  be  sent  to  the  West  Virginia  Horticultural  Society  at  i k 
annual  meetings,  showing  the  number  of  nurseries  inspected,  the  number  » 
certificates  issued,  the  number  of  trees  treated  or  disinfected  by  them  or  the 
assistants,  the  kinds  and  amount  of  property  destroyed  by  them  in  pursuan 
of  this  act,  and  such  other  facts  concerning  the  operation  of  their  office  und 
this  act  as  the  said  director  may  deem  necessary. 

Sec.  7.  The  provisions  of  this  act  shall  not  apply  to  florists’  greenhouse  plani 
bulbs,  flowers,  and  cuttings  commonly  known  as  greenhouse  stock. 

Sec.  8 (as  amended  by  chapter  49,  laws  of  1903).  The  said  assistants  shi 
make  to  said  director  an  itemized  statement  of  their  expenses  and  the  amoun 
paid  for  such  assistants  employed  in  prosecuting  the  work  under  this  act,  whic 
when  certified  by  the  said  director,  shall  be  paid  out  of  the  State  treasu: 
upon  the  warrant  of  the  auditor  of  the  State. 

Sec.  9.  [Makes  appropriations  for  year  1901.] 

Sec.  10.  The  act  heretofore  passed  at  the  present  session  of  the  legislature 
hereby  repealed. 

Passed  by  the  legislature  of  West  Virginia,  February  16,  1901,  and  becan 
effective  ninety  days  from  its  passage. 


Chapter  61  of  the  Acts  of  1905. 

An  Act  to  amend  and  reenact  chapter  48  of  the  acts  of  1903,  relating  to  the  sale  of  fri 
trees,  vines,  and  shrubbery,  and  to  add  thereto  sections  3 and  4. 

Be  it  enacted  by  the  legislature  of  West  Virginia: 

1.  That  chapter  forty-eight  of  the  acts  of  nineteen  hundred  and  three  1 
amended  and  reenacted  so  as  to  read  as  follows : 

Section  1.  That  every  dealer  in  and  grower  of  fruit  trees,  vines,  and  sliru 
bery,  whether  in  or  out  of  this  State,  who  employs  traveling  salesmen  or  agen 
for  the  sale  of  fruit  trees,  vines,  or  shrubbery  in  this  State  shall,  before  he 
authorized  to  do  business,  take  out  a license  in  some  county  in  this  State,  sail 
license  to  be  issued  by  the  assessor  in  like  manner  as  other  licenses,  and  he  sha 
pay  to  the  sheriff  of  the  county  wherein  said  license  is  issued  the  license  fe' 


which  is  hereby  fixed  at  ten  dollars  per  annum.  Every  such  dealer  or  growel 
as  hereinbefore  mentioned,  whether  such  dealer  be  an  individual,  firm,  or  corp< 
ration,  shall  file  with  the  clerk  of  the  county  court  in  each  county  where  sue 
individual  has  traveling  salesmen  or  agents  a list  of  all  agents  or  traveling  sale;? 
men  in  said  county  representing  such  dealer  or  grower,  which  list  when  file 
shall  be  open  to  public  inspection. 


WISCONSIN. 


171 


Sec.  2.  No  person  shall  act  as  agent  or  traveling  salesmen  in  this  State  for 
v firm,  person,  or  corporation  engaged  in  growing,  selling,  or  handling  fruit 
es,  vines,  or  shrubbery  until  such  firm,  person,  or  corporation  shall  have  corn- 
ed with  all  the  provisions  of  the  foregoing  section  and  taken  out  the  license 
some  county  of  this  State  therein  provided  for.  Any  person  violating  this 
‘tion  shall  be  guilty  of  a misdemeanor,  and  fined  not  less  than  twenty-five  dol- 
•s  nor  more  than  one  hundred  dollars  upon  conviction,  and  may  be  confined  in 
1 not  to  exceed  six  months,  in  the  discretion  of  the  judge  or  justice  before 
lorn  the  case  is  tried.  The  license  hereinbefore  provided  for  shall  authorize 
ch  person  to  transact  business  in  any  county  of  the  State  upon  the  filing  of 
e lists  of  agents  or  traveling  salesmen  employed  therein,  together  with  a cer- 
ied  copy  of  the  license  with  the  clerk  of  the  county  court.  Every  person  act- 
y as  agent  or  traveling  salesman  for  any  person,  firm,  or  corporation  engaged 
’growing  or  selling  fruit  trees,  vines,  or  shrubbery  shall  take  from  his  em- 
3yer  a certificate  showing  that  he  is  the  authorized  agent  or  salesman  of  such 
rson,  firm,  or  corporation,  and  shall  exhibit  the  same  to  any  person  who  de- 
ands  to  see  said  certificate,  and  any  person  who  fails  to  do  so,  before  acting 
salesman  or  agent  for  any  person,  firm,  or  corportion  engaged  in  growing  or 
lling  any  fruit  trees,  vines,  or  shrubbery,  shall  be  guilty  of  a misdemeanor, 
id  be  fined  ten  dollars  upon  conviction. 

Sec.  3.  Any  person,  firm,  or  corporation  that  shall  label  any  trees  or  vines  any 
lse  or  fictitious  name  or  variety,  or  who  shall  substitute,  without  the  permis- 
an  of  the  purchaser,  trees  from  any  nursery  other  than  the  one  wherein  it  was 
presented  the  stock  sold  was  grown,  shall  be  deemed  guilty  of  a misdemeanor, 
id  upon  conviction  fined  not  less  than  twenty-five  dollars  nor  more  than  two 
mdred  dollars,  and  shall,  in  addition  thereto,  forfeit  the  license  held  and  shall 
lereafter  be  precluded  from  doing  business  in  this  State. 

Sec.  4.  If  any  person  acting  as  agent  or  traveling  salesman  for  any  person, 
rm,  or  corporation  sell  any  trees,  vines,  or  shrubbery  upon  a certificate  of 
$ncy,  and  afterward,  without  the  consent  of  the  purchaser,  procure  them  of 
; ad  supply  them  from  the  nursery  of  some  person  or  place  other  than  that  such 
j^ent  or  salesman  professed  to  represent,  he  shall  be  deemed  guilty  of  a mis- 
ameanor  and  fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
I Dllars. 


WISCONSIN. 

Chapter  180. 

N act  to  prevent  the  introduction  or  spread  of  San  Jose  scale  and  other  injurious 
insect  and  fungus  diseases,  and  making  an  appropriation  therefor. 

The  people  of  the  State  of  Wisconsin,  represented  in  senate  and  assembly,  do 
\\nact  as  follows: 

Section  1.  The  director  of  the  agricultural  experiment  station  of  the  Uni- 
ersity  of  Wisconsin  is  hereby  authorized  to  inspect,  through  his  agent,  any 
fiursery  or  any  fruit  or  garden  plantation  or  any  unplanted  or  heeled-in  nurs- 
ry  stock  in  this  State  that  he  has  reason  to  suspect  is  infested  by  San  Jose 
cale  or  other  injurious  insects  and  fungus  diseases,  and  for  this  purpose  his 
igent  shall  have  free  access  to  and  egress  from  any  field,  garden,  packing 
Ground,  building,  cellar,  or  other  place  where  the  duties  of  carrying  out  the 
)rovisions  of  this  act  shall  call  him,  and  any  person  attempting  to  hinder  such 
nspection  by  misrepresentation  or  otherwise  shall  be  liable  to  the  payment  of 
i penalty  or  forfeiture  as  hereinafter  provided. 


172 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Sec.  2.  In  case  the  agent  of  the  said  director  shall  find  present  on  any  nurse  t* 
premises,  or  packing  ground,  or  in  any  cellar  or  building  used  for  the  stora  f 
of  nursery  stock,  or  on  any  fruit  or  garden  plantation  any  of  the  aforess  i 
San  Jose  scale  or  other  injurious  insects  and  fungus  diseases  he  shall  notify  t 
owner,  or  the  person  having  charge  of  such  premises  for  the  owner,  in  writii 
to  that  effect,  and  if  such  owner,  after  receiving  such  notice,  shall  ship 
deliver  any  trees,  vines,  shrubs,  or  plants  affected  by  such  San  Jose  scale 
other  injurious  insects  and  fungus  diseases  he  shall  be  subject  to  the  payme 
of  a penalty  or  forfeiture  as  hereinafter  provided. 

Sec.  3.  Whenever  any  trees,  shrubs,  plants,  or  vines  are  shipped  into  tl 
State  from  another  State,  country,  or  province  without  a certificate  plain 
fixed  on  the  outside  of  the  package,  box,  or  car  containing  the  same,  showii 
that  the  contents  had  been  inspected  by  a duly  appointed  State  or  Governme 
officer,  and  that  they  appear  free  from  San  Jose  scale  and  other  injurio 
insects  and  fungus  diseases,  the  fact  must  he  promptly  reported  to  the  sa 
director  by  the  railway,  express,  or  steamboat  company  or  other  persons  ca 
lying  the  same,  with  the  statement  of  the  source  whence  such  articles  cam 
and  the  party  to  whom  they  are  addressed;  and  any  railway,  steamboat,  < 
express  company  or  person  who  shall  violate  the  provisions  of  this  section  sha 
be  subject  to  the  payment  of  a penalty  or  forfeiture  as  hereinafter  provided. 

Sec.  4.  Any  person  growing  or  offering  for  sale  in  this  State  any  nursei 
stock  that  is  known  to  be  infected  with  San  Jose  scale  or  other  injurioi 
insects  and  fungus  diseases  shall,  upon  demand  of  the  said  director,  furnis 
within  twenty  days  a list  of  all  persons,  as  far  as  to  him  known,  to  whom  1 
has  sold  or  delivered  any  such  stock,  together  with  the  post-office  address  < 
each  of  such  persons,  so  far  as  to  him  known ; such  information  shall  be  pr 
served  and  be  for  the  sole  use  of  the  said  director  and  his  agent  in  carryiE 
out  the  provisions  of  this  act.  And  any  person  violating  the  provisions  of  th 
section  shall  be  liable  .to  the  payment  of  a penalty  or  forfeiture  as  hereinaffc 
provided. 

Sec.  5.  The  said  director  shall  cause  to  be  issued  to  the  owner  of  any  nurser 
m this  State,  after  the  nursery  stock  therein  has  been  properly  inspected  an 
found  to  be  apparently  free  from  San  Jose  scale  or  other  injurious  insects  an 
fungus  diseases,  an  official  certificate  to  that  effect,  good  for  a period  not  t 
exceed  one  year,  upon  a payment  to  the  said  director  the  sum  of  five  dollai 
for  each  ten  acres  of  land  owned  or  leased  by  such  nurseryman  in  this  Staf 
that  is  devoted  wholly  or  in  part  to  nursery  stock,  grown  for  sale  purposes,  an; 
such  owner  may  apply  to  said  director  for  inspection  of  his  premises  for  th 
purposes  of  securing  such  certificate,  and  the  said  director  shall  cause  sue 
inspection  to  be  made  within  three  months  after  receiving  the  applicatioi 
unless  such  inspection  shall  be  delayed  by  winter  weather,  but  no  such  certif 
cate  shall  be  issued  covering  only  a part  of  the  nursery  stock  owned  by  on] 
person,  nor  to  cover  nursery  stock  received  after  such  inspection  was  made! 
and  any  such  certificate  may  be  cancelled  by  the  said  director  upon  the  disj 
co very  in  such  nursery  of  the  San  Jose  scale  or  other  injurious  insects  and  funj 
gus  diseases. 

Sec.  6.  Any  nurseryman  holding  a valid  certificate,  issued  as  prescribed  ill 
section  5 of  this  act,  may  apply  to  the  said  director  for  official  labels  or  tag* 
for  which  the  said  director  may  charge  a sum  not  to  exceed  thirty  cents  pel  ! 
hundred,  which  labels  or  tags  shall  certify  that  the  packages  or  bundles  o 
nursery  stock  to  which  they  are  attached  are  from  nursery  stock  that  has  beeij 
officially  inspected  and  found  apparently  free  from  San  Jose  scale  or  othe'! 
injurious  insects  and  fungus  diseases ; but  no  such  tags  or  labels  shall  be  usei 


WYOMING. 


173 


m stock  not  covered  by  the  aforesaid  certificate  nor  after  such  certificate  has 
a pired  or  been  cancelled ; and  no  person  shall  attempt  to  imitate  or  counterfeit 
a ih  tags  or  labels.  Any  person  violating  the  provisions  of  this  section  shall  be 
ble  to  the  payment  of  a penalty  or  forfeiture  as  hereinafter  provided. 

Sec.  7.  In  case  any  person  shall  violate  any  of  the  provisions  of  this  act,  he 
ill  be  liable  for  the  payment  of  a penalty  or  forfeiture  of  not  less  than  twenty- 
e dollars  nor  more  than  one  hundred  dollars  for  each  and  every  such  viola- 
•n.  Such  penalty  or  forfeiture  may  be  sued  for  and  recovered  in  a civil 
tion,  as  provided  in  chapter  142  of  Sanborn  & Berryman’s  annotated  statutes. 
Sec.  8.  The  director  of  the  experiment  station  shall  make  a report  to  the 
^retary  of  state  on  the  last  week  day  of  May  of  each  year  of  all  operations 
rried  out  under  the  provisions  of  this  act,  and  shall  turn  over  all  moneys 
ceived  by  him  or  by  his  agents  in  carrying  out  its  provisions  to  the  State 
iasurer,  to  be  by  him  credited  to  the  general  fund. 

Sec.  9.  The  director’s  agent  shall  be  compensated  for  time  actually  and  neces- 
rily  expended  in  carrying  out  the  provisions  of  this  act,  but  such  compensa- 
>n  shall  in  no  case  exceed  three  dollars  per  diem  and  necessary  traveling  ex- 
nses,  but  the  said  director  of  the  experiment  station  shall  receive  no  com- 
nsation  for  carrying  out  the  provisions  of  this  act. 

Sec.  10.  All  expenses  incurred  under  the  provisions  of  this  act  shall  be  ap- 
oved  by  the  director  of  the  experiment  station  and  be  audited  by  the  secre- 
ry  of  state,  and  the  secretary  of  state  shall  draw  his  warrant  for  the  same 
)on  the  State  treasurer,  who  shall  pay  the  same  out  of  the  general  fund,  and 
r this  purpose  the  sum  of  three  hundred  dollars,  or  as  much  thereof  as  may 
• necessary,  is  hereby  annually  appropriated. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from  and  after  June  first, 

p- 

Approved  April  14,  1890. 



WYOMING. 

Chapter  50. 

In  Act  to  create  the  Wyoming  State  hoard  of  horticulture,  to  prescribe  its  powers  and 
duties,  and  to  appropriate  money  therefor. 

Be  it  enacted  by  the  legislature  of  the  State  of  Wyoming: 

Section  1.  There  is  hereby  created  a State  board  of  horticulture,  to  consist 
If  six  (6)  members,  four  of  whom  shall  be  appointed  by  the  governor,  one  from 
lach  of  the  horticultural  districts  that  are  hereby  created,  the  professor  of 
otany  and  zoology  of  the  State  University  and  the  State  executive  shall  be 
x officio  members. 

Sec.  2.  The  State  shall  be  divided  into  four  horticultural  districts,  whose 
oundaries  shall  be  the  same  as  the  boundaries  of  the  water  districts  of  the 

tate. 

Sec.  3.  The  members  shall  reside  in  the  district  for  which  they  are  appointed, 
'hey  shall  be  selected  with  reference  to  their  study  of  and  practical  experience 
a horticultural  and  the  industries  dependent  thereon.  They  shall  hold  office 
)r  a term  of  four  years,  and  until  their  successors  are  appointed  and  qualified : 
Provided,  however,  That  two  of  the  board  first  appointed  (to  be  determined  by 
□t)  shall  retire  at  the  expiration  of  two  years.  All  vacancies  in  the  board  shall 
e filled  by  appointment  of  the  governor,  and  shali  be  for  the  unexpired  term. 

Sec.  4.  The  board  is  authorized  to  employ  a secretary  and  prescribe  his  duties, 
vho  shall  hold  his  appointment  at  the  pleasure  of  the  board.  Before  entering 


174 


LAWS  AGAINST  INJUKIOUS  INSECTS. 


upon  the  discharge  of  his  duties  each  member  and  employee  of  the  board  sh* 
take  and  subscribe  to  the  oath  of  office,  which  said  oath  shall  he  filed  with  t 
secretary  of  state. 

Sec.  5.  The  board  may  call  together  and  hold,  in  conjunction  with  hortici 
tural  societies,  public  meetings  of  those  interested  in  horticulture  and  kindn 
pursuits,  and  may  select  books,  pamphlets,  and  other  documents  containii 
information  relating  to  horticulture;  to  collect  statistics  and  general  inform 
tion  showing  the  actual  condition  of  horticulture  in  this  State  and  elsewhei 
and  may  publish  and  distribute  such  proceeding  and  information  as  in  i 
judgment  may  seem  proper,  provided  the  sum  so  expended  shall  not  exceed  tl 
sum  of  $200.00  per  annum. 

Sec.  6.  The  office  of  the  board  shall  be  located  at  such  place  as  a majori 
thereof  may  determine,  and  shall  be  in  charge  of  the  secretary  during  tl 
absence  of  the  board. 

Sec.  7.  For  the  purpose  of  preventing  the  spread  of  contagious  diseasi 
among  fruit  and  fruit  trees,  and  for  the  prevention,  treatment,  cure,  and  exti 
pation  of  fruit  pests,  and  diseases  of  fruits  and  fruit  trees,  and  for  the  disi 
fection  of  grafts,  scions,  and  orchard  debris,  empty  fruit  boxes  and  package 
and  other  suspected  material  or  transportable  articles  dangerous  to  orchard 
fruit,  and  fruit  trees,  said  board  may  prescribe  regulations  for  the  inspectio 
disinfection,  or  destruction  thereof,  which  regulation  shall  be  circulated  i 
printed  form  by  the  board  among  fruit  growers  and  fruit  dealers  of  the  Stat 
and  shall  be  published  at  least  ten  days  in  two  horticultural  papers  of  gener: 
circulation  in  the  State,  and  shall  be  posted  in  three  or  more  conspicuoi 
places  in  each  county  in  the  State,  one  of  which  shall  be  at  the  county  cour 
house  thereof. 

Sec.  8.  The  said  board  shall  select  from  their  own  number,  or  appoint  fro 
without  their  number,  to  hold  office  at  the  pleasure  of  the  board,  one  competei 
person  in  each  district,  to  be  known  as,  and  act  as,  inspector  of  fruit  pest 
Said  inspectors  shall  be  selected  with  reference  to  their  study  and  practic; 
experience  in  horticulture.  It  shall  be  the  duty  of  the  inspectors  to  visit  tl 
nurseries,  orchards,  store  packing  houses,  warehouses,  and  other  places  whei 
horticultural  products  and  fruits  are  kept  and  handled  within  their  respecthl 
districts,  and  see  that  the  regulations  of  the  State  board  of  horticulture  to  prJ 
vent  the  spread  of  fruit  pests  and  diseases  of  trees  and  plants,  and  the  disiil 
fection  of  fruits,  trees,  plants,  grafts,  scions,  orchard  debris,  empty  fruit  boxel 
and  other  material  shall  be  fully  carried  out  and  complied  with.  Said  ii 
spectors  shall  have  free  access,  at  all  times,  to  all  premises  where  any  tree; 
plants,  fruits,  or  horticultural  products  or  supplies  are  kept  or  handled,  an 
shall  have  full  power  to  enforce  the  rules  and  regulations  of  the  State  board  c 
horticulture,  and  to  order  the  destruction,  spraying,  and  disinfection  of  anl 
or  all  trees,  plants,  fruits,  pits,  or  horticultural  products  or  supplies  found  tl 
be  infected  with  any  diseases  as  prescribed  or  designated  by  said  board. 

Sec.  9.  It  shall  be  the  duty  of  every  person  or  persons,  corporation  or  corpora 
lions,  who  shall  sell  or  deliver  to  any  person  or  persons,  corporation  or  corponl 
lions,  any  trees,  plants,  vines,  scions,  grafts,  or  pits,  to  notify  the  inspectol 
of  said  district  wherein  such  trees,  plants,  vines,  et  cetera,  are  to  be  deliverel 
at  least  five  days  before  said  goods  are  to  be  delivered,  giving  the  date  and  nufl 
sery  or  railroad  station  where  said  trees,  plants,  scions,  etc.,  are  to  be  deliverer 
together  with  the  name  of  the  party  or  parties  who  are  to  receive  the  sainl 
It  shall  be  the  duty  of  the  inspector  receiving  said  notice  to  inspect  the  sail 
trees,  plants,  grafts,  etc.,  as  soon  thereafter  as  practicable,  and  at  the  poiri 
where  the  same  are  to  be  delivered,  and  if  the  same  be  found  free  from  any  anl 
all  diseases  or  pests  as  designated  by  said  State  board  of  horticulture  he  sha; 


WYOMING. 


175 


a *ertify  and  attach  such  certificate  to  each  lot  or  bill  of  such  list  of  said  grafts, 
\ >ns,  plants,  or  vines  so  inspected.  But  if  any  of  the  trees,  grafts,  scions,  vines, 
plants  so  inspected  shall  be  found  to  be  diseased  or  infested  with  any  of  the 
ii  ts  as  prescribed  by  said  board,  then  the  inspector  shall  order  the  disinfection 
e destruction  of  such  trees,  grafts,  scions,  vines,  etc.,  so  diseased  or  infected, 
a ether  with  all  boxes,  wrapping,  or  packing  pertaining  thereto. 

■ !ec.  10.  If  any  person  or  persons  in  charge  or  control  of  any  nurseries,  or- 
•i  rd,  storeroom,  packing  house,  or  other  place  where  horticultural  products  or 
t iplies  are  handled  or  kept,  shall  fail  or  refuse  to  comply  with  the  rules  and 
i illations  of  the  said  board  of  horticulture  of  this  State  or  shall  fail  or  refuse 
disinfect  or  destroy  any  diseased  or  infected  trees,  plants,  vines,  scions, 
t fts,  shrubs,  or  other  horticultural  supplies  or  products,  when  ordered  to  do  so 
i the  inspector  of  such  district,  he  shall  be  deemed  guilty  of  misdemeanor, 
1,  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than  twenty 
>lars  ($20.00)  nor  more  than  two  hundred  dollars  ($200.00). 
i Sec.  11.  It  shall  be  the  duty  of  every  owner  or  manager  of  orchards,  nur- 
l ies,  storerooms,  packing  houses,  or  other  place  where  horticultural  supplies 
p kept  or  handled  which  shall  become  diseased  or  infected  with  any  injurious 
j ect  or  pest,  to  immediately  upon  the  discovery  of  the  existence  of  such 
i ease  or  pest,  to  notify  the  inspector  of  said  district  of  the  existence  of 
,ne.  It  shall  be  the  duty  of  such  owner  or  manager,  at  his  own  proper  ex- 
lise,  to  comply  with  and  carry  out  all  the  instructions  of  said  inspector  for 
L eradication  of  said  pest  or  disease.  Any  person  who  shall  fail  or  refuse 
| comply  with  the  instructions  of  said  inspector,  for  the  eradication  of  any 
(ease  or  pest,  shall  be  deemed  guilty  of  misdemeanor,  and,  upon  conviction 
nreof,  shall  be  fined  in  any  sum  not  less  than  twenty  dollars  ($20.00)  nor  more 
jin  two  hundred  dollars  ($200.00). 

Sec.  12.  If  any  person  or  persons,  corporation  or  corporations  shall  fail  or 
'use  to  forthwith  comply  with  the  instructions  of  said  inspector  for  the  eradi- 
:ion  of  any  disease  or  pest,  said  inspector  shall  proceed  forthwith  to  eradicate 
j d disease  or  pest  and  the  expense  of  the  same  shall  become  a charge  and  lien 
,on  the  property  of  said  owner. 

(Sec.  13.  Every  person  who  for  himself  or  as  an  agent  for  any  person  or  per- 
ils, corporation  or  corporations,  transportation  company  or  common  carrier 
.all  deliver  or  turn  over  to  any  person  or  persons,  corporation  or  corporations 
y trees,  vines,  shrubs,  nursery  stock,  scions,  grafts,  or  pits  without  first  having 
Itached  the  inspector’s  certificate,  as  provided  in  section  9,  this  act,  shall  be 
erned  guilty  of  misdemeanor  and,  upon  conviction  thereof,  shall  be  fined  in 
y sum  not  less  than  twenty  dollars  ($20.00)  nor  more  than  two  hundred 
; liars  ($200.00). 

Sec.  14.  No  person  or  persons,  corporation  or  corporations  shall  be  liable  to 
y other  person  or  persons,  corporation  or  corporations  for  any  damage  to  the 
ies,  vines,  shrubs,  nursery  stock,  scions,  or  grafts  by  reason  of  the  same  being 
Id  to  await  the  certificate  of  the  inspector,  as  provided  in  section  9 of  this  act. 
Sec.  15.  The  inspectors  of  fruit  pests,  appointed  or  elected  by  said  board,  shall 
ceive  as  compensations  for  their  services  such  sums  as  the  board  may  regu- 
te,  provided  that  it  is  not  to  exceed  five  dollars  ($5.00)  per  day  for  the  time 
tually  employed.  The  members  of  said  board  shall  receive  no  compensation 
r their  services  except  actual  expenses  paid  out.  The  secretary  of  said  board 
all  receive  such  sum  for  his  services  as  the  board  may  designate. 

Sec.  16.  All  bills  for  expenditures  under  this  act  shall  be  audited  and  passed 
>on  by  said  board  of  horticulture,  and  if  found  legal  and  just  shall  be  allowed, 
object  to  the  approval  of  the  State  examiner,  and  a warrant  shall  be  drawn 


176 


LAWS  AGAINST  INJURIOUS  INSECTS. 


therefor  upon  the  auditor  of  the  State  of  Wyoming,  who  shall  draw  his  w j 
rant  upon  the  State  treasurer  therefor. 

Sec.  17.  It  shall  be  the  duty  of  the  secretary  to  attend  all  meetings  of 
hoard  and  procure  records  of  the  proceedings  and  correspondence,  to  coll  l 
hooks,  pamphlets,  periodicals,  and  other  documents  containing  valuable  ini 
mation  relating  to  horticulture,  and  to  preserve  the  same ; to  collect  statist  i 
and  other  information  showing  the  actual  condition  and  progress  of  horticult1  L 
in  this  State  and  elsewhere : to  correspond  with  agricultural  and  horticultu  L 
societies,  colleges,  and  schools  of  agriculture  and  horticulture,  and  other  pers 
and  bodies  as  may  be  directed  by  the  board,  and  prepare,  as  required  by 
board,  reports  for  publication ; he  shall  also  act  assistant  to  and  obey 
directions  of  the  inspectors  of  fruit  pests,  under  the  direction  of  the  board. 

Sec.  18.  The  board  shall  biennially,  in  the  month  of  January,  report  to 
legislature  a statement  of  its  doings  and  abstracts  of  the  reports  of  the  inspe 
ors  of  fruit  pests  and  of  the  secretary. 

Sec.  19.  There  is  hereby  appropriated  for  the  use  of  the  State  board  of  h 
ticulture,  as  set  forth  in  this  act,  out  of  the  money  in  the  State  treasury  ] 
otherwise  appropriated,  the  sum  of  three  thousand  dollars  ($3,000.00),  or 
much  thereof  as  may  be  necessary.  For  the  year  commencing  March,  19 
fifteen  hundred  dollars  ($1,500.00),  or  as  much  thereof  as  may  be  necessary 
the  year  commencing  March  1st,  1900. 

Sec.  20.  All  sums  of  moneys  collected  as  fines  for  violations  of  any  of  the  p 
visions  of  this  act  shall  be  turned  into  the  State  treasury  for  use  in  defrayi 
the  expenses  of  the  board  hereby  created,  and  the  appropriations  hereby  rm 
shall  be  paid  out  of  the  fund  to  the  extent  of  the  money  therein  contained. 

Sec.  21.  No  person,  firm,  or  corporation  shall  engage  or  continue  in  the  bu 
ness  of  selling  within  the  State,  or  importing  fruit  trees,  plants,  or  nursd 
stock  into  the  State  without  first  having  obtained  a license  to  do  business  in  d 
State,  as  in  this  act  provided. 

Sec.  22.  Any  person,  firm,  or  corporation  may  obtain  a license  to  engage 
the  business  of  selling  fruit  trees,  plants,  or  nursery  stock  in  this  State  upl 
the  payment  of  the  sum  of  twenty-five  dollars  ($25.00)  and  by  filing  with  t| 
secretary  of  the  State  board  of  horticulture  bonds  for  securities  in  the  sum 
five  hundred  dollars  ($500.00)  conditioned  that  the  principal  will  faithful 
obey  the  law  of  the  State  of  Wyoming  and  that  said  principal  will  pay  the  cd 
of  fumigation  of  all  nursery  stock  or  other  materials  or  goods  imported  into  I 
sold  within  the  State  by  the  said  principal  or  principals  or  his  or  their  agel 
and  the  expense  of  destruction  of  any  infected  nursery  stock.  Licenses  grant! 
under  this  act  shall  be  for  a period  of  two  years : Provided,  however,  Ttl 
such  license  may  be  revoked  at  any  time  for  any  violation  of  this  act  at  t| 
discretion  of  the  board. 

Sec.  23.  Any  person  or  persons,  corporation  or  corporations,  transportatil 
companies  or  common  carriers  violating  any  of  the  provisions  of  this  act  shall  I 
deemed  guilty  of  a misdemeanor  and  fined  in  the  sum  of  not  less  than  twenl 
dollars  ($20.00)  nor  more  than  two  hundred  dollars  ($200.00). 

Sec.  24.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passaJ 

Approved  February  15,  1905. 


Regulations. 

1.  It  shall  be  the  duty  of  all  persons  or  corporations  engaged  in  the  growi 
of  nursery  stock  in  the  State  of  Wyoming,  for  sale  or  distribution,  to  notify  t 
secretary  of  the  board  of  their  purpose  to  engage  in  said  business.  I'he  secreta 


WYOMING. 


177 


1 ill  then  each  year,  between  the  fifteenth  day  of  July  and  the  fifteenth  day  of 
ptember  (at  his  convenience)  carefully  inspect  all  the  nursery  stock  of  said 
1 'sons,  firms,  or  corporations,  and  if  said  stock  is  found  apparently  free  from 
\ n Jose  scale  and  all  other  seriously  dangerous  insects  and  diseases,  shall  issue 

I ?nse  without  cost  and  a certificate  of  inspection  authorizing  the  owner  or 

II  ners  thereof  to  dispose  of  and  distribute  the  same  at  any  time  prior  to  the 
11  it  day  of  July  of  the  next  succeeding  year. 

Inspection  shall  be  without  cost  to  the  owners  of  such  premises  and  nursery 
>ck,  unless  it  be  found  that  said  stock  be  so  infested  or  diseased  as  to  require 
s infection,  fumigation,  or  other  treatment,  or  the  destruction  of  the  stock,  in 
lich  case  the  directions  of  the  inspector  shall  be  carried  out  by  the  owner  at 
3 own  cost,  as  contemplated  by  the  act  authorizing  these  regulations. 

2.  No  person  or  corporation,  either  within  or  without  the  State,  shall  deliver  or 
ip  out  from  his  nursery  or  place  of  business,  for  delivery  within  Wyoming, 
irsery  stock  of  any  kind  contemplated  by  this  act  which  does  not  have  attached 
a plain  sight)  to  the  stock  or  the  bundle  in  which  it  is  contained  the  author- 
ed shipping  tag  of  the  board,  certified  by  the  fac  simile  signature  of  the 
cretary, 

3.  All  persons,  firms,  or  corporations  complying  with  sec.  22  of  this  act  shall, 
addition  thereto,  file  with  the  secretary  a certified  certificate  showing  that  the 

ock  from  which  it  is  proposed  to  ship  into  Wyoming  has  been  inspected  by  the 
•oper  State,  district,  or  county  official  of  the  State  in  which  such  person,  firm, 

• corporation  is  located,  and  that  it  has  been  found  apparently  free  from  San 
>se  scale  and  all  other  seriously  dangerous  insects  and  diseases.  Such  certifi- 
ite  shall  be  held  as  prima  facie  evidence  of  the  facts  therein  stated,  and  no 
irther  inspection  will  be  required.  But  the  board  expressly  reserves  the  right, 
hen  for  any  cause  it  may  deem  it  wise  to  do  so,  to  reinspect  any  shipments 
lat  may  reach  the  State.  In  case  any  shipment  is  found  not  in  accordance 
ith  the  requirements  of  this  act  and  the  regulations  of  the  board,  as  certified  in 
le  filed  certificate  of  the  shipper,  the  board  may  proceed  against  such  shipper 
3 provided  in  this  act,  and  may  revoke  his  license  to  do  business  in  Wyoming. 

' 4.  Licenses  and  certificates  issued  to  persons,  firms,  and  corporations  (whether 
ithin  or  without  the  State)  cover  only  stock  grown  in  their  own  grounds  or 
urseries,  and  no  stock  secured  from  other  growers  may  be  distributed  in  this 
tate,  unless  it  be  secured  from  such  as  hold  similar  licenses  and  certificates, 
nd  then  only  on  application  to  the  secretary  for  permit  to  use  such  stock. 
List  of  those  possessing  licenses  will  be  supplied  to  anyone  on  application.) 
.11  shipping  tags  must  bear  the  name  of  the  consignee  as  well  as  that  of  the  con- 
ignor,  and  must  plainly  indicate  the  contents  of  the  shipment  to  which  it  is 
ttached. 

5.  All  persons,  firms,  or  corporations  (whether  within  or  without  the  State) 
iolding  licenses  or  certificates  authorizing  them  to  do  business  in  Wyoming, 
hall  make  monthly  reports  to  the  secretary  of  this  board  embodying  the  fol- 
3wing  facts : 

(1)  The  number  and  date  of  deliveries  or  shipments  made  within  or  into  the 
rtate. 

(2)  The  number  of  each  kind  of  tree,  shrub,  or  other  plant  so  delivered  or 
hipped. 

(3)  The  consignors  and  their  several  addresses,  and  such  other  facts  as  may 
>e  called  for  in  the  blanks  supplied  by  the  secretary  for  this  purpose. 

6.  Blank  bonds,  certificates,  reports,  and  shipping  tags  will  be  supplied  free 


7418— No.  61  m 


12 


178 


LAWS  AGAINST  INJURIOUS  INSECTS. 


by  the  board,  through  the  secretary,  except  that  for  the  tags  the  actual  cost 
the  printed  tags  will  be  charged. 

7.  It  shall  be  the  duty  of  the  secretary  to  supply  to  nursery  men  and  othei 
on  request,  printed  directions  for  disinfecting  nurseries  and  orchards  or  fun 
gating  nursery  stock  with  hydrocyanic-acid  gas,  and  to  supply  such  other  ava  i 
able  information  as  may  be  of  service  in  securing  freedom  from  dangeroi  t 
insects  and  diseases  in  the  orchards'  of  the  State,  and  in  the  nurseries  holdii 
the  license  of  the  board. 

8.  No  person,  firm,  corporation,  or  transportation  company  shall  receive  fi 
shipment  into  this  State  any  nursery  stock  in  bundle,  package,  box,  or  in  ai 
other  form  unless  it  bear  in  plain  sight  the  authorized  shipping  tag  of  this  boai 
as  certified  by  the  fac  simile  signature  of  the  secretary.  Such  shipment  must  be;  * 
the  name  of  the  consignee,  as  well  as  that  of  consignor,  and  must  plainly  inc  t 
cate  the  character  of  the  contents. 

If  through  the  negligence  of  agents  or  others  any  nursery  stock  be  receive  f 
for  delivery  at  any  station  in  Wyoming  without  the  proper  shipping  tag,  [ 
shall  be  the  duty  of  the  agent  at  said  station  to  notify  the  secretary  of  tl  [ 
board  and  to  hold  the  shipment  subject  to  his  directions. 

9.  The  term  “ nursery  stock  ” in  this  act  shall  be  interpreted  to  mean  all  fru 
and  shade  trees  (except  evergreens),  and  all  shrubs  and  other  plants  common: 
known  as  “ small  fruits.” 

10.  The  following  insects  and  diseases,  and  such  others  as  may  from  time  i 
time  be  designated  by  the  board,  are  within  the  meaning  of  this  act  designate 
as  “ dangerous  : ” 

1.  San  Jose  scale  ( Aspidiotus  perniciosus) . 

2.  The  woolly  aphis  of  apple  ( Schizoneura  lanigera). 

3.  Oyster-shell  bark-louse  ( Mytilaspis  pomorum) . 

4.  Plum-knot  of  plum  and  cherry  ( Plowrightia  morbosa). 

5.  Crown  gall  ( Dendrophagus  globusus). 

11.  The  professor  of  botany  and  zoology  in  the  State  university,  who  is  a 
present  the  secretary  of  the  board,  shall  act  as  its  chief  inspector  of  fruit  pest 
The  four  appointive  members  of  the  board  are  the  inspectors  for  their  respectiv 
horticultural  districts.  Each  in  his  own  district  may  be  delegated  by  the  chid 
inspector  to  reinspect  any  shipment  into  the  State  upon  its  arrival  if,  for  an] 
reason,  it  may  be  deemed  necessary  in  order  to  protect  the  interests  of  the  StatJ 
It  shall  be  their  further  duty  to  keep  themselves  informed,  as  far  as  possible 
concerning  the  operation  and  enforcement  of  the  regulations  of  the  board  an 
to  communicate  such  information  to  the  secretary,  each  cooperating  in  the  fulj 
est  measure  in  order  that  the  greatest  impetus  and  service  may  be  rendered  t 
the  horticultural  interests  of  Wyoming. 

12.  In  order  that  the  benefits  contemplated  by  this  act  may  accrue  to  th 
State  in  the  fullest  measure,  fruit  growers  and  owners  of  even  the  smaller 
orchards  are  earnestly  requested  to  report  to  the  secretary  of  the  board  th 
conditions  of  their  orchards.  If  insects  or  fungous  diseases  have  found  entrance 
it  will  be  the  duty  of  the  secretary  to  cooperate  with  the  owner  for  the  extei 
mination  or  eradication  of  such  insects  or  diseases.  To  that  end  printed  diree 
tions  for  the  treatment  of  infested  or  infected  trees  will  be  sent,  and  all  othefl 
available  information  will  be  supplied. 


PMMARY  OF  REQUIREMENTS  TO  BE  COMPLIED  WITH  BY 
NURSERYMEN  OR  OTHERS  WHO  MAKE  INTERSTATE  SHIP- 
MENTS OF  NURSERY  STOCK/' 

For  the  information  of  nurserymen  or  other  persons  who  desire  to  ship 
ursery  stock  to  points  outside  the  States  in  which  their  nurseries  are  located, 
brief  statement  of  the  requirements  is  given  herewith.  Changes  are  con- 
inually  being  made  on  account  of  the  enactment  of  new  laws  or  the  amendment 
f old  ones,  and  modifications  of  the  regulations  of  different  States  are  made 
rom  time  to  time  by  the  authorities  in  charge  of  the  enforcement  of  the 
aws.  For  the  convenience  of  nurserymen  who  may  wish  to  write  to  the  offi- 
ials  in  charge  of  inspection  work  the  names  and  addresses  of  the  latter  are 
;iven. 

Alabama. — Persons  shipping  stock  into  the  State  must  file  a signed  duplicate 
•ertificate  of  inspection  and  obtain  official  tags,  which  must  be  placed  on  each 
shipment,  in  addition  to  a copy  of  the  certificate.  Cost  of  tags,  60  cents  per 
mndred,  or  $2.25  per  thousand.  Five  cents  per  hundred  must  be  added  for 
)ostage.  Mr.  R.  S.  Mackintosh,  State  horticulturist,  Auburn,  Ala.  (Act  of 
L903. ) 

Arizona. — No  nursery-inspection  law. 

Arkansas. — Shipments  must  bear  a certificate  of  inspection.  Mr.  C.  F. 
Adams,  State  inspector,  Fayetteville,  Ark.  (Act  of  1903.) 

California. — Shipments  of  stock  sent  into  the  State  are  subject  to  inspection 
ind  must  bear  the  name  of  the  consignor  and  consignee  and  a statement  of 
where  the  stock  was  grown.  Notice  of  shipments  should  be  made  to  Hon. 
Ellwood  Cooper,  commissioner  of  horticulture,  Sacramento,  Cal. 

Colorado. — Stock  subject  to  inspection  by  county  inspectors,  who  are  ap- 
pointed by  the  State  board  of  horticulture,  Denver,  Colo.  (Amended  act  of 
1897.) 

Connecticut. — Shipments  of  stock  into  the  State  must  bear  certificates  of  in- 
spection issued  by  a State  or  Government  officer,  and  a statement  by  the  owner 
that  they  have  been  thoroughly  fumigated.  Dr.  W.  E.  Britton,  State  entomol- 
ogist, New  Plaven,  Conn.  (Amended  act  of  1903.) 

Delaware. — Shipments  into  the  State  must  be  accompanied  with  official  cer- 
tificates of  inspection.  Mr.  Wesley  Webb,  Dover,  Del.  (Amended  act  of  1901.) 
Florida. — No  law.  Inspections  made  and  certificates  issued  to  local  nursery- 
] men  by  Prof.  E.  H.  Sellards,  entomologist,  Agricultural  Experiment  Station, 

I Lake  City,  Fla. 

Georgia. — Shipments  into  the  State  must  be  accompanied  with  certificates 
; of  inspection  and  copies  of  the  official  tags  of  the  State  board  of  entomology. 

These  may  be  obtained  by  submitting  a duplicate  of  the  official  certificate  of 
| inspection  and  a statement  that  all  stock  shipped  into  the  State  will  be  prop- 
erly fumigated.  Tags  are  furnished  at  cost.  Mr.  R.  I.  Smith,  State  ento- 
mologist, Atlanta,  Ga.  (Act  of  1900.) 

a Drafted  by  Mr.  A.  F.  Burgess,  secretary  of  the  American  Association  of  Horticultural 
Inspectors,  from  the  foregoing  collection  of  State  and  Territorial  laws  against  injurious 
insects.  (Published  in  separate  form  as  Circular  No.  75  of  this  Bureau.) 

179 


180 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Hawaii. — Shipments  are  subject  to  the  regulations  of  the  board  of  commij 
sioners  of  agriculture  and  forestry  and  are  subject  to  inspection  and  quarantin 
on  arrival  at  Honolulu,  which  is  the  only  port  where  they  are  allowed  to  h 
landed.  For  application  blanks  for  inspection  and  special  information,  addres 
lion.  C.  S.  Holloway,  secretary,  Honolulu,  Hawaii. 

Idaho. — Persons  desiring  to  sell  or  ship  stock  into  this  State  must  file  a bon 
in  the  sum  of  one  thousand  dollars  ‘(.$1,000)  with  the  State  board  of  liorticu 
ture,  conditioned  on  the  faithful  compliance  with  the  requirements  of  the  lav 
and  secure  a permit  to  do  business  in  the  State.  Shipments  must  bear  officia 
certificates  of  fumigation,  and  the  name  of  the  grower  and  consignee  mus 
appear  on  the  package.  Mr.  A.  F.  Hitt,  State  horticultural  inspector,  Bois< 
Idaho. 


Illinois. — Shipments  into  the  State  must  be  accompanied  with  certificates  c 
inspection.  Dr.  S.  A.  Forbes,  State  entomologist,  Urbana,  111.  (Act  of  1899. 

Indiana. — Shipments  sent  into  the  State  must  be  accompanied  with  certif 
cates  of  inspection  for  the  current  year.  Prof.  J.  Troop,  State  entomologis 
Lafayette,  I ml.  (Act  of  1899.) 

Iowa. — Shipments  sent  into  the  State  must  be  accompanied  with  official  cei 
tificates  of  inspection.  Trof.  II.  E.  Summers,  State  entomologist,  Ames,  lows 
(Act  of  1898.) 


Kansas. — No  law.  Inspections  of  local  nurseries  made  and  certificates  issue 
by  Prof.  E.  A.  Popenoe,  State  nursery  inspector,  Manhattan,  Kans. 

Kentucky. — Shipments  into  the  State  must  be  accompanied  with  official  cei 
tificates  of  inspection.  Prof.  H.  Garman,  State  entomologist,  Lexington,  Kj 
(Act  of  1897.) 

Louisiana. — Shipments  sent  into  the  State  must  he  accompanied  with  certif 
cates  of  inspection.  Mr.  Wilmon  Newell,  State  entomologist,  Baton  Rouge,  Li 
(Act  of  1903.) 

Maine. — Shipments  sent  into  the  State  must  bear  official  certificates  of  inspet 
tion  or  affidavits  that  the  contents  have  been  fumigated  in  a mariner  approve 
by  the  State  inspector  at  the  shipping  point.  Hon.  A.  W.  Gilman,  commissione 
of  agriculture,  Augusta,  Me.  (Act  of  1905.) 

Maryland. — Stock  sent  into  the  State  must  bear  the  name  of  the  consigno 
and  consignee  and  a certificate  of  inspection.  Duplicate  certificates  should  b 
filed  with  the  State  entomologist.  Prof.  T.  B.  Symons,  State  entomologist 
Prof.  J.  B.  S.  Norton,  State  pathologist,  College  Park,  Md.  (Act  of  1898). 

Massachusetts. — Stock  sent  into  the  State  must  bear  a certificate  of  inspe< 
tion  or  an  affidavit  of  fumigation.  Dr.  H.  T.  Fernald,  State  nursery  inspectoi 
Amherst,  Mass.  (Act  of  1902.) 

Michigan. — Nurserymen  selling  stock  in  this  State  must  pay  a license  fee  c 
five  dollars  ($5)  and  furnish  a bond  of  one  thousand  dollars  ($1,000),  witl 
satisfactory  sureties.  Shipments  must  be  accompanied  with  certificates  of  iij 
spection,  and  if  of  species  subject  to  the  attack  of  the  San  Jose  scale  certificate! 
by  the  nurserymen  that  the  stock  has  been  properly  fumigated.  Prof.  L.  ij 
Taft,  State  inspector  of  orchards  and  nurseries,  Agricultural  College,  Micl: 
(Act  of  1897.) 

Minnesota. — Stock  shipped  into  the  State  must  bear  a certificate  of  inspee 
tion.  Prof.  F.  L.  Washburn,  State  entomologist,  St.  Anthony  Park,  Minn.  (Ac 
of  1903.) 

Mississippi. — No  nursery-inspection  law. 

Missouri. — Stock  shipped  into  the  State  must  be  accompanied  with  officii 
certificates  of  inspection.  Prof  J.  M.  Stedman,  State  entomologist,  Agriculture 
experiment  station,  Columbia,  Mo. 


SUMMARY. 


181 


I Montana. — Before  selling  stock  in  the  State  a license  must  be  secured,  which 
'ill  be  issued  on  the  payment  of  a fee  of  twenty-five  dollars  ($25),  and  a bond 
f one  thousand  dollars  ($1,000)  must  be  filed.  Stock  shipped  into  this  State 
dll  be  unpacked  and  fumigated  at  quarantine  stations.  Previous  notice  of  all 
hipments  should  be  sent  to  Mr.  Fred  Whiteside,  secretary,  State  board  of  hor 
iculture,  Butte,  Mont.  (Act  of  1899.) 

Nebraska. — No  nursery-inspection  law.  Local  nurseries  inspected  and  cer 
ificates  issued  by  Prof.  Lawrence  Bruner,  acting  State  entomologist,  Lin- 

oln,  Nebr. 

Nevada. — No  law\ 

New  Hampshire. — Stock  shipped  into  the  State  must  bear  a certificate  of 
Inspection  or  a statement  containing  an  affidavit  that  it  has  been  properly 

Iumigated.  Prof.  E.  D.  Sanderson,  State  nursery  inspector,  Durham,  N.  H. 
Act  of  1903.) 

New  Jersey. — Stock  shipped  into  the  State  must  be  accompanied  with  a cer- 
ificate  of  inspection  and  a statement  from  the  shipper  that  it  is  a part  of  the 
tock  inspected  and  whether  it  has  been  fumigated  with  hydrocyanic-acid  gas. 
3r.  John  B.  Smith,  State  entomologist,  New  Brunswick,  N.  J.  (Act  of  1903.) 
Netc  Mexico.— No  law7  relating  to  nursery  inspection. 

New  York. — Nursery  stock  shipped  into  the  State  must  be  accompanied  with 
m official  certificate  of  inspection  and  must  be  fumigated  before  being  sold  or 
planted.  Hon.  Charles  A.  Wieting,  commissioner  of  agriculture,  Albany,  N.  Y. 
(Act  of  1903.) 

North  Carolina. — Shipments  sent  into  this  State  must  bear  official  certificates 
of  inspection,  and  should  be  fumigated  and  a statement  to  that  effect  signed  and 
attached  by  the  consignor.  Duplicate  certificates  must  be  filed  with  the  State 
entomologist.  Franklin  Sherman,  jr.,  State  entomologist,  Raleigh,  N.  C.  (Act 
ff  1897.) 

North  Dakota. — No  law. 

Ohio. — Shipments  must  be  accompanied  with  official  certificates  of  inspection 
ar  fumigation.  Agents  and  dealers  must  file  sworn  statements  as  to  the 
sources  from  which  their  stock  is  obtained.  Mr.  A.  F.  Burgess,  chief  inspector, 
department  of  agriculture,  Columbus,  Ohio. 

Oklahoma. — The  owners  of  nurseries  w^ho  wish  to  ship  stock  into  the  Terri- 
tory are  required  to  make  an  application  for  a permit.  A statement  is  then 
secured  from  the  inspector  w-ho  examined  the  stock,  and  if  this  is  satisfactory 
a permit  is  issued.  Shipments  must  be  accompanied  with  copies  of  the  official 
certificate  and  the  official  tags  of  the  Oklahoma  board  of  agriculture.  Tags  are 
furnished  for  75  cents  for  the  first  hundred  and  30  cents  for  each  additional 
hundred.  Agents  are  required  to  carry  a copy  of  the  permit  of  their  principals 
and  a statement  from  said  principals  that  they  are  authorized  to  transact  busi- 
ness. Hon.  C.  A.  McNabb,  secretary,  board  of  agriculture,  Guthrie,  Okla. 
(Act  of  1905.) 

Oregon. — Stock  subject  to  inspection  on  arrival  at  quarantine  stations.  Mr. 
George  H.  Lamberson,  secretary,  State  board  of  horticulture,  Portland,  Oreg. 
(Amended  act  of  1905.) 

Pennsylvania. — All  shipments  entering  the  State  must  be  accompanied  with 
certificates  of  inspection  and  certificates  of  fumigation.  Prof.  H.  A.  Surface, 
State  zoologist,  Harrisburg,  Pa.  (Act  of  1905.) 

Porto  Rico. — Nursery  stock  will  be  received  only  through  three  ports  of  entry, 
namely,  San  Juan,  Ponce,  and  Mayaguez,  and  must  be.  accompanied  with  an 
official  certificate  of  inspection.  It  is  subject  to  inspection  by  local  inspectors 
on  arrival  at  said  ports  of  entry.  Inspectors  are  appointed  by  the  governor. 


182 


LAWS  AGAINST  INJURIOUS  INSECTS. 


Rhode  Island. — Shipments  must  be  accompanied  with  certificates  of  inspec- 
tion or  affidavits  of  fumigation.  Mr.  A.  E.  Stene,  State  nursery  inspector. 
Kingston,  R.  I.  (Act  of  1904.) 

South  Carolina. — A duplicate  certificate  of  inspection  must  be  filed  with  the 
State  entomologist  and  an  official  tag  of  the  State  board  of  entomology  secured 
by  nurserymen  desiring  to  ship  stock  into  the  State.  This  tag  and  an  official 
certificate  of  fumigation  must  be  attached  to  all  shipments.  Prof.  C.  E.  Cham 
bliss,  State  entomologist,  Clemson  College,  S.  C.  (Act  of  1903.) 

South  Dakota. — Shipments  must  be  accompanied  with  certificates  of  inspec1 
tion.  Prof.  W.  A.  Wheeler,  State  entomologist,  Brookings,  S.  Dak.  (Act  of 
1905.) 

Tennessee. — Stock  shipped  into  the  State  must  bear  a certificate  of  inspection 
Duplicate  certificate  must  be  filed  with  Prof.  II.  A.  Morgan,  State  entomologist 
Knoxville,  Tenn.  (Act  of  1905.) 

Texas. — Duplicate  certificates  of  inspection  must  be  filed,  and  all  shipments 
must  bear  certificates  of  inspection.  Hon.  W.  J.  Clay,  commissioner  of  agricul- 
ture, Austin,  Tex.  (Act  of  1905.) 

Utah. — Stock  shipped  into  the  State  must  bear  a certificate  stating  that  it  has 
been  properly  fumigated  before  shipping.  lion.  C.  A.  Hickenlooper,  secretary 
State  board  of  horticulture.  Salt  Lake  City,  Utah.  (Act  of  1905.) 

Vermont. — No  law. 

Virginia. — Duplicate  certificates  of  inspection  must  be  filed  by  nurserymer 
shipping  stock  into  the  State  and  official  tags  obtained  from  the  board  of  croi 
pest  commissioners;  also  a registration  fee  of  twenty  dollars  ($20)  must  b<! 
paid.  Tags  furnished  at  cost.  Mr.  J.  L.  Phillips,  State  entomologist,  Blacks-I 
burg,  Va.  (Amended  act  of  1903.) 

Washington. — Before  soliciting  or  engaging  in  selling  nursery  stock  in  this 
State  a bond  of  one  thousand  dollars  ($1,000)  and  a license  fee  of  five  dollars! 
($5)  must  be  paid  by  nurserymen  and  a license  fee  of  two  dollars  and  fiftjl 
cents  ($2.50)  by  agents  and  dealers.  Notice  must  be  sent  previous  to  the  ship-1 
ment  of  stock,  giving  the  names  of  the  nurserymen  and  the  places  at  which  ilp 
is  to  be  delivered.  Mr.  A.  Van  Holderbeke,  commissioner  of  agriculture! 
Tacoma,  Wash.  (Amended  act  of  1905.) 

West  Virginia. — All  stock  shipped  into  the  State  must  be  accompanied  witl: 
an  official  certificate  of  inspection  and  a statement  by  the  nurseryman  that  il 
has  been  properly  fumigated.  Agents  or  dealers  who  sell  stock  must  secure  aj*' 
license  from  the  assessor  in  the  county  where  the  stock  is  sold  and  pay  a fe*| 
of  ten  dollars  ($10)  to  the  sheriff  of  the  county.  Prof.  J.  H.  Stewart,  director 
agricultural  experiment  station,  Morgantown,  W.  Va.  (Amended  acts  of  1903 
•and  1905.) 

Wisconsin. — Stock  shipped  into  the  State  must  bear  an  official  certificate  olj 
inspection.  Prof.  E.  P.  Sandsten,  agricultural  experiment  station,  Madison 
Wis.  (Act  of  1899.) 

Wyoming. — Any  person  or  firm  wishing  to  do  business  in  the  State  must  first 
obtain  a license.  Licenses  are  issued  on  application  for  a period  terminating 
on  July  1 of  the  next  succeeding  inspection  year  (approximately  two  years). 
All  applications  must  be  accompanied  by  the  license  fee  ($25),  a bond  in  the 
sum  of  five  hundred  dollars  ($500)  conditioned  that  the  principal  will  faith 
fully  obey  the  law  of  the  State  of  Wyoming,  and  by  a certified  certificate  of  in 
spection  from  an  authorized  inspector  in  the  State  from  which  shipments  are  te 
be  made.  On  receipt  of  these  the  secretary  of  the  State  board  issues  authorized 
shipping  tags  (at  cost).  Nursery  stock  may  not  enter  the  State  and  transporta 
tion  companies  may  not  deliver  unless  such  tags  be  attached  to  each  and  everj 


SUMMAKY. 


183 


L bundle  or  bale.  The  presence  of  the  shipping  tag  shall  be  taken  as  prima 
de  evTdence  of  inspection,  and  no  further  inspection  is  required,  though  the 
Lrd  reserves  the  right  to  reinspect,  if  for  any  cause  it  may  deem  it  wise  to 
L so.  For  circular  of  detailed  information  address  Prof.  Aven  Nelson,  secre- 
Ijirv  State  board  of  horticulture,  Laramie,  Wyo.  (Act  of  190o.)  . 

Canada. — Shipments  of  stock  into  Canada  are  unpacked  and  J 

lovernment  inspectors  and  must  arrive  within  the  time  specified  at  the  follow 
ig  norTof  entry:  St.  John,  New  Brunswick;  St.  Johns,  Quebec;  Niagara 
Falls  and  Windsor,  Ontario;  Winnipeg,  Manitoba,  from  March  15  to  May '15 
nd  from  October  7 to  December  7.  At  Vancouver,  British  Columb,^  from 
Ltober  15  to  March  15.  Dr.  James  Fletcher,  Dominion  entomologist,  Ottawa, 

)ntario. 


STATE  AND  TERRITORIAL  LAWS  RELATIVE  TO  FOUL  BROOD. 

CALIFORNIA. 

Chapter  XXIV. 

An  Act  to  promote  the  apicultural  interests  of  the  State  of  California  by  providing 
county  inspectors  of  apiaries,  and  defining  their  duties,  and  providing  for  their  com- 
pensation, and  repealing  the  act  entitled  “An  act  to  authorize  the  board  of  super- 
visors of  the  several  counties  of  this  State  to  appoint  inspectors  of  apiaries,  and  pro-! 
vide  for  their  compensation,  and  defining  their  duties,  and  for  the  further  protection 
of  bee  culture,"  approved  March  13,  1883. 

The  people  of  llie  State  of  California,  represented  in  senate  and  assembly,  dou 
enact  as  follows: 

Section  1.  Whenever  a petition  is  presented  to  the  board  of  supervisors  of  j 
any  county,  signed  by  ten  or  more  persons,  each  of  whom  is  a property  holder ■ 
resident  of  the  county,  and  possessor  of  an  apiary  or  place  where  bees  are  kept,® 
stating  that  certain  or  all  apiaries  within  the  county  are  infected  with  the  | 
disease  known  as  “ foul  brood,”  or  any  other  disease  which  is  infectious  or 
contagious  in  its  nature,  and  injurious  to  the  bees,  their  eggs  or  larvae,  and  pray-|| 
ing  that  an  inspector  be  appointed  by  them,  whose  duty  it  shall  be  to  supervise  \ 
the  treatment  of  said  bees  and  apiaries  as  herein  provided,  the  board  of  super- |l 
visors  shall,  within  twenty  (20)  days  thereafter,  appoint  a suitable  person,  who  j 
shall  be  a skilled  bee  keeper,  inspector  of  apiaries.  Upon  petition  of  ten  per-B 
sons,  each  of  whom  . is  a resident  property  holder  and  possessor  of  an  apiary,  the)  j 
board  of  supervisors  may  remove  said  inspector  for  cause,  after  a hearing  of 
the  petition. 

Sec.  2.  It  shall  be  the  duty  of  the  inspector  in  each  county  to  cause  an  inspec-  i 
tion  to  be  made,  when  he  deems  it  necessary,  of  any  or  every  apiary,  or  other 
place  within  his  jurisdiction  in  which  bees  are  kept,  and  if  found  infected  with 
foul  brood,  or  any  other  infectious  or  contagious  disease  injurious  to  the  bees, 
or  their  eggs,  or  larvae,  he  shall  notify  the  owner  or  owners,  person  or  persons  | < 
in  charge,  or  in  possession  of  said  apiaries  or  places  where  bees  are  kept,  that 
the  same  are  infected  with  foul  brood,  or  any  other  disease  infectious  or  con- ! 
tagious  in  its  nature,  and  injurious  to  bees,  their  eggs  or  larvae,  and  he  shall 
require  such  person  or  persons  to  eradicate  and  remove  such  disease  or  cause 
of  contagion  within  a certain  time  to  be  specified.  Said  notice  may  be  served 
upon  the  person  or  persons,  or  either  of  them,  owning  or  having  charge,  or 
having  possession  of  such  infected  apiaries,  or  places  where  bees  are  kept,  by 
any  inspector,  or  by  any  person  deputized  by  the  said  inspector  for  that  pur- 
pose, or  they  may  be  served  in  the  same  manner  as  a summons  in  a civil  action. 
Any  and  all  such  apiaries,  or  places  where  bees  are  kept,  found  infected  with 
foul  brood,  or  any  other  infectious  or  contagious  disease  are  hereby  adjudged 
and  declared  to  be  a public  nuisance ; and  whenever  any  such  nuisance  shall 
exist  at  any  place  within  his  jurisdiction,  or  on  the  property  of  any  nonresident, 
or  on  any  property  the  owner  or  owners  of  which  cannot  be  found  by  the 
inspector,  after  diligent  search,  within  the  county,  or  upon  the  property  of  any 
184 


CALIFORNIA. 


185 


(owner  or  owners  upon  whom  notice  aforesaid  has  been  served,  and  who  shall 
refuse  or  neglect  to  abate  the  same  within  the  time  specified,  it  shall  be  the  duty 
of  the  inspector  to  abate  the  same,  either  by  treating  the  disease  or  by  destroy- 
ing the  infected  hives,  together  with  their  combs  and  bees  therein.  The  expense 
thereof  shall  be  a county  charge,  and  the  board  of  supervisors  shall  allow  and 
pay  same  out  of  the  general  fund  of  the  county. 

Sec.  3.  It  shall  be  the  duty  of  the  county  inspector  of  apiaries  to  keep  a record 
of  his  official  acts  and  doings,  and  make  a monthly  report  thereof  to  the  board 
of  supervisors ; and  the  board  of  supervisors  may  withhold  warrants  for  salary 
of  said  inspector  until  such  time  as  said  report  is  made. 

Sec.  4.  The  salary  of  the  county  inspector  of  apiaries  shall  be  three  dollars 
per  day  when  actually  engaged  in  the  performance  of  his  duties. 

Sec.  5.  An  act  entitled  “An  act  to  authorize  the  board  of  supervisors  of  the 
several  counties  of  this  State  to  appoint  inspectors  of  apiaries,  and  provide  for 
their  compensation,  and  defining  their  duties,  and  for  the  further  protection  of 
bee  culture,”  approved  March  thirteenth,  eighteen  hundred  and  eighty-three,  is 
hereby  repealed. 

Sec.  6.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  20,  1901. 


Chapter  VI. 

An  Act  to  amend  section  four  of  an  act  entitled  “An  act  to  promote  the  apicultural 
interests  of  the  State  of  California  by  providing  county  inspectors  of  apiaries,  and 
defining  their  duties,  and  providing  for  their  compensation,  and  repealing  the  act 
entitled  ‘An  act  to  authorize  the  board  of  supervisors  of  the  several  counties  of  this 
State  to  appoint  inspectors  of  apiaries,  and  provide  for  their  compensation,  and  de- 
fining their  duties,  and  for  the  further  protection  of  bee  culture,’  approved  March  13, 
1883,’’  said  first-named  act  having  been  approved  February  20,  1901,  and  adding  five 
new  sections  to  said  act,  to  be  numbered  and  designated  as  sections  seven,  eight,  nine, 
ten,  and  eleven,  and  providing  for  making  the  violation  of  certain  sections  thereof 
a misdemeanor. 

The  people  of  the  State  of  California,  represented  in  senate  and  assembly,  do 
enact  as  follows: 

Section  1.  Section  four  of  an  act  entitled  “An  act  to  promote  the  apicultural 
interests  of  the  State  of  California  by  providing  county  inspectors  of  apiaries, 
and  defining  their  duties,  and  providing  for  their  compensation,  and  repealing 
the  act  entitled  ‘An  act  to  authorize  the  board  of  supervisors  of  the  several 
counties  of  this  State  to  appoint  inspectors  of  apiaries,  and  provide  for  their 
compensation,  and  defining  their  duties,  and  for  the  further  protection  of  bee 
culture,’  approved  March  thirteenth,  eighteen  hundred  and  eighty-three,”  ap- 
proved February  twentieth,  nineteen  hundred  and  one,  is  hereby  amended  so  as 
to  read  as  follows : 

Sec.  4.  The  salary  of  the  county  inspector  of  apiaries  shall  be  four  dollars 
per  day  when  actually  engaged  in  the  performance  of  his  duties,  and  itemized 
necessary  traveling  expenses  incurred  in  the  performance  of  his  duties  as  pre- 
scribed in  this  act. 

Sec.  2.  There  is  hereby  added  to  said  act  five  new  sections,  to  be  numbered 
and  designated  as  section  seven,  section  eight,  section  nine,  section  ten,  and 
section  eleven,  and  to  read  as  follows : 

“ Sec.  7.  The  inspector  of  apiaries  may,  in  his  discretion,  order  the  owner 
or  owners  or  other  person  in  charge  of  bees  kept  in  box  or  other  immovable  or 
stationary  comb  hives  in  apiaries  infected  with  foul  brood  or  any  other  in- 
fectious or  contagious  disease  or  within  a radius  of  three  miles  of  such  diseased 


186 


LAWS  AGAINST  FOUL  BROOD. 


apiaries  to  transfer  such  bees  to  movable-frame  hives  within  a reasonable  time 
to  be  specified  in  such  order  or  notice,  and  in  default  of  such  transfer  by  tht 
owner  or  owners  or  other  person  in  charge  of  such  bees,  the  inspector  maj 
destroy,  or  cause  to  be  destroyed,  all  such  hives,  together  with  their  contents,  anc 
the  expense  thereof  shall  be  a county  charge,  as  provided  in  section  two  of  thiri 
act 

“ Sec.  8.  Any  person  or  persons  who  shall  import  bees  into  the  State  of  Cali- 
fornia, which  said  bees  are  not  accompanied  with  a certificate  from  a dul> 
authorized  inspector  of  apiaries  or  bee  inspector,  certifying  that  such  bees 
are  free  from  foul  brood  and  other  infectious  or  contagious  diseases,  or  whc 
shall  import  bees  from  another  county  within  this  State  not  having  a bee  in 
spector  into  a county  having  a bee  inspector,  shall  immediately  upon  the  receipl 
of  such  bees  cause  them  to  be  inspected  by  a duly  authorized  inspector  of 
apiaries,  and  if  such  bees  are  found  to  be  infected  with  foul  brood  or  other 
infectious  or  contagious  disease  such  inspector  shall  proceed  to  have  such  dis- 
ease eradicated  as  provided  in  section  two  of  this  act.  Any  person  violating! 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a misdemeanor. 

“ Sec.  9.  It  shall  be  unlawful  for  any  person  owning  or  controlling  bees  within 
this  State  which  are  known  to  be  infected  with  foul  brood  or  other  infectious 
or  contagious  disease  to  remove  said  bees  to  a new  location  without  first  giving 
ten  days’  notice  to  the  county  inspector  of  apiaries,  stating  when  and  where  he 
intends  moving  said  bees.  Any  person  violating  the  provisions  of  this  sectionj 
shall  be  deemed  guilty  of  a misdemeanor. 

“ Sec.  10.  Any  person  or  persons  whose  apiary  is  infected  with  foul  brood  or* 
any  other  infectious  or  contagious  disease,  and  who  sells,  or  offers  for  sale,  from) 
such  infected  apiary  and  bees,  hives,  bee  fixtures,  or  appurtenances,  or  who  shall] 
expose  in  his  bee  yard  or  elsewhere  any  infected  comb  honey,  beeswax,  or<! 
other  infected  thing,  or  who  conceals  the  fact  that  his  apiary  is  so  infected  shall! 
be  deemed  guilty  of  a misdemeanor. 

“ Sec.  11.  Any  person  or  persons  who  shall  resist,  impede,  or  hinder  in  any 
way  the  inspector  of  apiaries  in  the  discharge  of  his  duties  under  the  provi-j 
sions  of  this  act  shall  be  deemed  guilty  of  a misdemeanor.” 

Sec.  3.  This  act  shall  take  effect  immediately. 

Approved  February  10,  1903. 


COLORADO. 

Section  1.  Upon  the  written  application,  under  oath,  of  the  president  or  sec-3 
retary  of  the  Colorado  State  Bee  Keepers’  Association,  or  of  any  five  actual  beej 
keepers  residing  in  any  county  in  this  State,  alleging  upon  information  and  be-I 
lief  that  the  disease  known  as  foul  brood,  or  any  other  contagious  or  infectious 
disease,  exists  among  the  bees  in  said  county,  or  that  infected  articles  are  kept 
in  said  county,  and  that  there  is  danger  that  such  disease  will  spread  to  other 
apiaries,  being  made  to  the  county  court  of  said  county,  or  to  the  judge  thereof 
at  chambers,  the  said  court  or  judge  shall,  by  order  to  be  entered  in  the  records 
of  said  court,  appoint  some  competent,  actual  bee  keeper  residing  in  said  county 
to  be  county  inspector  of  bees ; and  the  applicants  shall  state  in  this  application  ; 
the  names  of  the  actual  bee  keepers  of  the  county,  so  far  as  known  to  them. 

Sec.  2.  The  person  so  appointed  shall,  within  five  days  after  his  appointment,  I 
file  with  the  clerk  of  such  court  his  written  acceptance  of  the  office,  and  the  j 
usual  oath  of  office;  or  in  default  thereof,  the  judge  or  court  shall,  in  the  same 
manner,  make  new  appointments  until  the  said  office  is  filled.  The  inspector 


COLORADO. 


187 


liall  hold  his  office  during  the  pleasure  of  the  court,  and  until  his  successor  is 
llapointed  and  qualified. 

i Sec.  3.  Every  bee  keeper  or  other  person  who  shall  be  aware  of  the  existence 
I:  foul  brood,  either  in  his  own  apiary  or  elsewhere,  shall  immediately  notify 
lie  county  inspector  of  bees,  if  there  be  one,  and  if  not,  the  secretary  of  the 
olorado  State  Bee  Keepers’  Association,  of  the  existence  of  such  disease,  and 
Hi  default  of  so  doing  shall,  on  summary  conviction  before  a justice  of  the 
leace,  be  liable  to  a fine  of  five  dollars  and  costs. 

Sec.  4.  On  receiving  notice  from  any  source  of  the  existence,  in  any  apiary  in 
}jis  county,  of  the  disease  known  as  foul  brood,  or  any  other  infectious  or  con- 
•jigious  disease  of  bees,  the  county  inspector  of  bees  shall  forthwith  inspect  each 
olony  of  bees  and  all  hives,  implements  and  apparatus,  honey  and  supplies  on 
and'  or  used  in  connection  with  such  apiary,  or  otherwise  distinctly  designate 
rjach  colony  and  apiary  which  he  believes  infected,  and  notify  the  owner  or 
werson  in  charge  of  said  bees  thereof,  in  writing  or  otherwise,  and  the  owners 
■f  said  bees,  or  person  in  charge  thereof,  shall,  within  five  days  thereafter, 
Tactically  and  in  good  faith  apply  and  thereafter  fully  and  effectually  carry 
ut  to  and  upon  such  diseased  colonies  such  treatment  as  may  have  been  pre 
Icribed  by  the  Colorado  State  Bee  Keepers’  Association  for  such  cases ; also 
horoughly  disinfect,  to  the  satisfaction  of  such  inspector,  all  hives,  bee  houses, 
tombs,  honey,  and  apparatus  that  have  been  used  in  connection  with  any  such 
jliseased  colonies ; or,  at  his  election,  the  said  owner  or  person  in  charge  of  such 
pees  may,  within  the  same  time,  utterly  and  completely  destroy  said  bees, 
lives,  house,  comb  houses,  honey,  and  apparatus  by  fire,  or  bury  the  same  in 
the  ground  with  a covering  of  not  less  than  two  feet  of  earth, 
j Sec.  5.  After  inspecting  infected  hives  or  fixtures,  or  handling  diseased  bees, 
the  inspector  shall,  before  leaving  the  premises  or  proceeding  to  any  other 
ipiary,  thoroughly  disinfect  his  own  person  and  clothing,  and  shall  see  that  any 
assistant  or  assistants  with  him  have  also  thoroughly  disinfected  their  person 
and  clothing. 

Sec.  6.  The  inspector  shall  have  full  power,  in  his  discretion,  to  order  any 
owner  or  possessor  of  bees  dwelling  in  box  hives  in  apiaries  where  the  disease 
exists  (being  mere  boxes  without  frames)  to  transfer  such  bees  to  movable 
frame  hives  within  a specified  time,  and  in  default  of  such  transfer  the  in- 
spector may  destroy,  or  order  the  destruction  of,  such  box  hives  and  the  bees 
dwelling  therein. 

Sec.  7.  Should  the  owner  or  possessor  of  diseased  colonies  of  bees,  or  any  por- 
tion of  said  colonies,  be  they  queens  or  workers,  or  of  any  affected  appliances  of 
bee  keeping,  knowingly  sell  or  barter,  or  give  away,  or  move  or  allow  to  be 
moved,  such  diseased  colonies,  or  portion  of  colonies,  or  infected  appliances,  he 
shall,  on  conviction  before  any  justice  of  the  peace,  be  liable  to  a fine  of  not 
less  than  $50  nor  more  than  $100,  or  to  imprisonment  in  the  county  jail  for  any 
term  not  exceeding  two  months. 

Sec.  8.  Should  any  person  whose  bees  have  been  destroyed  or  treated  for  foul 
brood  sell,  or  offer  for  sale,  any  bees,  hives,  or  appurtenances  of  any  kind,  after 
such  destruction  or  treatment,  and  before  being  authorized  by  the  inspector  to 
do  so,  or  should  he  expose,  in  his  bee  yard  or  elsewhere,  any  infected  comb 
honey,  or  other  infected  thing,  or  conceal  the  fact  that  said  disease  exists  among 
his  bees,  he  shall,  on  conviction  before  a justice  of  the  peace,  be  liable  to  a fine 
of  not  less  than  $20  nor  more  than  $50,  or  to  imprisonment  in  the  county  jail  for 
a term  not  exceeding  two  months  and  not  less  than  one  month. 

Sec.  9.  When  an  owner  or  possessor  of  bees  shall  disobey  the  directions  of 
the  said  inspector,  a justice  of  the  peace  may,  upon  the  complaint  of  the  said 


188 


LAWS  AGAINST  FOUL  BROOD. 


inspector,  cause  a sufficient  number  of  special  constables  to  be  sworn  in  ail 
such  special  constables  shall  proceed  to  the  premises  of  such  owner  or  possess 
and  assist  the  inspector  to  seize  all  diseased  colonies  and  affected  appurtenanc 
and  burn  them  forthwith,  and.  if  necessary,  the  said  constables  may  arrest  tl 
said  owner  or  possessor  and  bring  him  before  a justice  of  the  peace,  to  be  del 
with  according  to  the  provisions  of  the  preceding  sections  of  this  act. 

Sec.  10.  Before  proceeding  against  any  person  before  any  justice  of  the  peac 
the  said  inspector  shall  read  over  to  such  person  the  provisions  of  this  act 
shall  cause  a copy  thereof  to  be  delivered  to  such  person. 

Sec.  11.  The  said  inspector  shall  include  in  his  annual  report  to  the  pres 
dent  of  the  Colorado  State  Bee  Keepers’  Association,  a statement  of  his  woi 
during  the  preceding  year,  which  statement  shall  include:  First,  the  number  < 
colonies  inspected;  second,  the  number  of  colonies  diseased;  third,  the  numb« 
of  colonies  destroyed  by  fire  or  otherwise ; fourth,  the  names  of  the  owners  an 
the  localities  where  found;  fifth,  the  amount  paid  him  for  bis  services  aJ 
expenses  for  the  preceding  year. 

Sec.  12.  The  county  inspector  of  bees  of  each  county  shall  receive  a per  die 
allowance  of  four  dollars  for  each  full  day,  and  two  dollars  for  each  half  daj 
necessarily  and  actually  employed  in  the  discharge  of  his  duties  under  thi 
act,  together  with  his  necessary  and  actual  expenses  while  so  employed,  to  b 
audited,  allowed,  and  paid  by  the  county  officers  in  the  same  manner  as  oth€ 
claims  against  the  county. 

Sec.  13.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereb 
repealed. 

Sec.  14.  In  the  opinion  of  the  general  assembly  an  emergency  exists,  and  thi 
act  shall  take  effect  from  and  after  its  passage. 

Approved  April  6,  1891. 


IDAHO. 


An  Act  to  suppress  infectious  and  contagious  diseases  of 
of  bees,  defining  his  powers  and  duties,  and  to  define 
viding  punishment  therefor. 


bees,  to  provide  for  an  inspect^ 
certain  misdemeanors,  and  pro 


Be  it  enacted  by  the  legislature  of  the  State  of  Idaho: 

Section  1.  The  State  horticultural  inspector  shall  be  ex  officio  State  be 
inspector,  whose  duties  it  shall  be,  either  by  himself  or  duly  qualified  and  com! 
pe  ent  deputies,  to  examine  bees  of  the  State  and  to  treat,  condemn,  and  utterls 
destroy  by  fire  or  by  burying  at  least  two  feet  under  ground  all  bees,  honed 
and  fixtures  found  to  be  affected  with  foul  brood  or  other  infectious  or  con 
tagious  disease. 

Sec.  2.  Upon  the  application  of  the  president  and  secretary  of  any  bee  assoj 
ciation  or  upon  petition  of  three  bee  keepers  of  any  horticultural  inspection  disj 
tnct  m the  State,  the  State  bee  inspector  may  appoint  deputy  bee  inspectors  foi| 
the  district  from  which  such  application  or  petition  comes;  and  such  deput.vli 
shall  have  the  same  powers  and  duties  within  his  district  as  the  State  bed 
inspector,  and  the  tenure  of  his  office  shall  be  concurrent  with  that  of  the  Statdj 
bee  inspector,  unless  sooner  dismissed. 


Sec.  3.  It  shall  he  the  duty  of  the  State  bee  inspector  or  his  deputy  upon  r, 
cen-mg  ‘nformatmn  from  any  source  of  the  existence,  in  any  apiary  in  his  dl; 
tnct.  of  the  disease  known  as  foul  brood,  or  any  other  infectious  or  contagion 
disease  of  bees,  to  forthwith  inspect  each  colony  of  bees  and  all  hives,  impl, 
ments  and  apparatus,  honey,  and  supplies  on  hand  or  used  in  connection  wit 


IDAHO. 


189 


ch  apiary,  or  otherwise  distinctly  designate  each  colony  and  apiary  which  he 
lieves  infected,  and  notify  the  owner  or  person  in  charge  of  said  bees  thereof, 
writing  or  otherwise,  and  the  owners  of  said  bees,  or  the  person  m charge 
ereof,  shall,  within  five  days  thereafter,  practically  and  in  good  faith,  apply 
id  thereafter  fully  and  effectually  carry  out  to  and  upon  such  diseased  colo- 
es  such  treatment  as  may  have  been  prescribed  by  the  inspector  of  bees  for 
ich  cases ; also  thoroughly  disinfect,  to  the  satisfaction  of  such  inspector,  all 
>e  hives,  combs,  honey,  and  apparatus  that  have  been  used  in  connection  with 
iy  such  diseased  colonies;  or,  at  his  election,  the  said  owner  or  person  m 
large  of  such  bees  may,  within  the  same  time,  utterly  and  completely  destroy 
ich  bees,  hives,  house,  comb  houses,  honey,  and  apparatus  by  fire,  or  bury  the 
ime  in  the  ground,  with  a covering  of  not  less  than  two  feet  of  earth. 

Sec.  4.  Every  bee  keeper  or  other  person  who  shall  be  aware  of  the  existence 
f foul  brood,  either  in  his  own  apiary  or  elsewhere,  shall  immediately  notify 
he  inspector  of  bees  of  the  existence  of  such  disease,  and  in  default  of  so  doing 
| hall  be  guilty  of  a misdemeanor  and  punishable  by  a fine  of  not  more  than 
Ive  dollars  and  costs. 

I sec.  5.  The  inspector  of  bees  shall  have  the  right  to  enter  the  premises  of  any 
ee  keeper  where  bees  are  kept  and  inspect  such  bees ; and  any  person  resisting 
r refusing  to  allow  such  inspection  by  said  bee  inspector  shall  be  guilty  of  a 
iisdemeanor,  and  may  be  then  and  there  arrested  by  the  said  bee  inspector  or 
erson  deputized  by  him,  and  brought  before  a justice  of  the  peace,  and  upon 
onviction  shall  be  fined  not  less  than  ten  dollars  nor  more  than  twenty-five 

ollars.  . _ , 

Sec.  6.  If  any  owner  or  keeper  of  bees  knows  of,  or  after  being  notified  by 
he  bee  inspector  that  foul  brood  or  other  infectious  or  contagious  disease  exists 
n any  of  the  hives  in  the  apiary  owned  by  or  in  charge  of  said  person  and  shall 
ail  to  comply  within  ten  days  from  receiving  said  knowledge,  and  the  date  of 
eceiving  instructions  from  the  bee  inspector  to  cure  or  destroy  the  bees  oi 
lives  or  their  appliances,  such  person  shall  be  guilty  of  a misdemeanor,  and 
lpon  conviction  thereof  such  person  shall  be  fined  not  less  than  ten  dollais  nor 
nore  than  twenty-five  dollars. 

Sec.  7.  When  the  owner  or  possessor  of  bees  shall  disobey  the  directions  of 
laid  inspector  in  curing  or  destroying  any  diseased  bees,  honey,  hives,  or 
Appliances,  they  shall  become  unlawful  and  a public  nuisance,  and  the  said 
3ee  inspector  shall  at  once  destroy  said  bees,  honey,  hives,  or  appliances  and 
nay  deputize  such  additional  persons  as  he  may  find  necessary  to  effect  such 
iestruction. 

Sec.  8.  Should  any  person  whose  bees  have  been  destroyed  or  treated  for  toul 
brood  sell  or  offer  for  sale  any  bees,  hives,  or  appurtenances  of  any  kind  after 
such  destruction  or  treatment  or  before  being  authorized  by  the  inspector  to  do 
so,  or  should  he  expose,  in  his  bee  yard  or  elsewhere,  infected  comb,  honey, 
or  other  infected  thing,  or  conceal  the  fact  that  said  disease  exists  among  his 
bees,  he  shall  be  guilty  of  a misdemeanor  and  punishable  by  a fine  of  not  less 


than  ten  dollars  nor  more  than  fifty  dollars, 
f Sec.  9.  Any  person,  persons,  company,  or  corporation  who  shall  bring  into  the 
e State  of  Idaho  any  apiary,  colony,  or  colonies  of  bees  shall  immediately  notify 
the  State  or  deputy  inspector  of  bees  of  such  fact,  stating  where  any  such 
colony  or  colonies  are  being  kept,  and  it  shall  be  the  duty  of  the  State  or 
deputy  inspector  to  proceed  to  examine  such  colony  or  colonies  and  ascertain 
' whether  or  not  they  are  free  from  foul  brood  or  other  infectious  or  contagious 
disease.  Any  person,  persons,  company,  or  corporation  who  shall  fail  to  notify 
I the  State  or  deputy  bee  inspector,  as  required  by  this  section,  for  a period  of 


190 


LAWS  AGAINST  FOUL  BROOD. 


ten  days  after  the  arrival  within  the  State  of  Idaho  of  such  colony  or  coloni  t 
of  bees  shall  be  guilty  of  a misdemeanor  and  punishable  by  a fine  of  not  lc  r 
than  fifty  dollars  nor  more  than  one  hundred  dollars. 

Sec.  10.  The  inspector  shall  have  full  power,  in  his  discretion,  to  order  ai  j 
owner  or  possessor  of  bees  dwelling  in  box  hives  in  apiaries  where  the  disea  $ 
exists  (being  mere  boxes  without  movable  frames)  to  transfer  such  bees  to  mo 
able  frame  hives  within  a specified  time,  and  in  default  of  such  transfer  t 
inspector  may  destroy  or  order  the  destruction  of  such  box  hives  and  the  be 
dwelling  therein. 

Sec.  11.  After  inspecting  infected  hives  or  fixtures  or  handling  diseased  be 
the  inspector  shall,  before  leaving  the  premises  or  proceeding  to  any  other  aj 
ary,  thoroughly  disinfect  his  own  person  and  clothing,  and  shall  see  that  ai 
assistant  or  assistants  with  him  have  also  thoroughly  disinfected  their  perso 
and  clothing. 

Sec.  12.  The  State  bee  inspector  shall  make  an  annual  report  to  the  govern 
of  Idaho,  giving  the  number  of  apiaries  visited,  the  number  of  diseased  apiari 
found,  the  number  of  colonies  treated,  also  the  number  of  colonies  destroy< 
and  statistics  bearing  on  the  bee  industries. 

Sec.  13.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repeale 

Sec.  14.  Whereas  an  emergency  existing  therefor,  this  act  shall  take  effe 
and  be  in  force  from  and  after  its  passage  and  approval. 


MICHIGAN. 

Act  66,  1901,  Page  97. 

The  people  of  the  State  of  Michigan  enact: 

Section  1.  The  dairy  and  food  commissioner,  upon  receipt  of  a certified  cof 
of  the  record  of  the  Michigan  State  Bee-Keepers  Association  by  the  secretal 
of  said  association,  showing  that  a majority  of  the  members  of  said  associatio 
recommended  the  appointment  of  an  inspector  of  apiaries,  shall  appoint  a Stal 
inspector  of  apiaries.  Said  inspector  shall  be  responsible  to  the  dairy  and  foo 
commissioner,  and  shall  comply  with  such  rules  and  regulations  as  the  dair 
and  food  commissioner  shall  from  time  to  time  prescribe  for  the  carrying  oi 
of  the  work  of  said  State  inspector. 

Sec.  2.  The  dairy  and  food  commissioner  shall,  when  notified  in  writing  bj 
the  owner  of  an  apiary  or  by  three  disinterested  taxpayers  in  the  vicinity  d 
the  apiary,  cause  the  inspector  to  examine  such  apiaries  as  are  reported  anl 
all  others  in  the  same  locality  not  reported,  and  ascertain  whether  or  not  th| 
disease  known  as  foul  brood  or  other  contagious  disease  exists  in  such  apiarieJ 
and  if  satisfied  of  the  existence  of  foul  brood  he  shall  give  the  owner  or  card 
taker  of  the  diseased  apiaries  full  instructions  how  to  treat  said  case  as  in  thl 
inspector’s  judgment  seems  best. 

Sec.  3.  The  inspector,  who  shall  be  the  sole  judge,  may  visit  all  disease! 
apiaries  a second  time  and,  if  need  be,  burn  all  colonies  of  bees  and  combs  tha| 
may  be  found  not  cured  of  foul  brood  or  other  contagious  diseases. 

Sec.  4.  If  the  owner  of  a diseased  apiary,  honey,  or  appliances  shall  knowjj 
ingly  or  wilfully  sell,  barter,  or  give  away  any  bees,  honey,  or  appliances,  oh 
expose  other  bees  to  the  danger  of  said  disease,  or  refuse  to  allow  said  inspector 
to  inspect  such  apiary,  honey,  or  appliances,  said  owner  shall  on  conviction 
before  a justice  of  the  peace  be  liable  to  a fine  of  not  less  than  fifty  dollar' 


NEBRASKA. 


191 


,r  more  than  one  hundred  dollars,  or  not  less  than  one  months  imprisonment 
the  county  jail  nor  more  than  two  months’  imprisonment. 

SEc  5 In  addition  to  such  individual  reports  as  are  required  under  this  act 
, the  inspector  of  apiaries,  he  shall  make  an  annual  report  to  the  dairy  and 
,od  commissioner,  giving  the  number  of  apiaries  visited,  the  number  of 
iseased  apiaries  found,  the  number  of  colonies  treated,  also  the  nu 
ilonies  destroyed  by  Are,  and  an  itemized  account  of  his  transportation  ex- 
pnses  with  affidavit  annexed  thereto. 

SEC.  6.  There  is  hereby  appropriated,  out  of  any  moneys  in  the  State  treasury 
ot  otherwise  appropriated,  a sum  not  exceeding  five  hundred  dollars  per  year 
ir  the  suppression  of  foul  brood  among  bees  in  Michigan.  The  inspector  . 
eceive  three  dollars  per  day  and  actual  transportation  expenses  for  actual  time 
erved  which  sum  shall  not  exceed  the  money  hereby  appropriated,  to  be  paid 
y the’  State  treasurer  upon  warrants  drawn  by  the  auditor-general  and  ap- 
,roved  by  the  dairy  and  food  commissioner. 

Sec  7 Act  number  oue  hundred  forty-one  of  the  public  acts  of  eighteen  hun- 
Ired  eighty-one,  being  sections  fifty-six  hundred  sixty-three,  fifty-six  b™dred 
ixty-four  fifty-six  hundred  sixty-five,  fifty-six  hundred  sixty-six  fifty-six 
lundred  sixty-seven,  fifty-six  hundred  sixty-eight,  fifty-six  hundred  sixty-mne, 
ind  fifty-six  hundred  seventy  of  the  compiled  laws  of  eighteen  hundred  nine  y 

seven,  is  hereby  repealed. 

This  act  is  ordered  to  take  immediate  effect. 


NEBRASKA. 


Chapter  82. — Bees. 

Section  1.  It  shall  be  unlawful  for  any  person  to  keep  or  have  in  possession 
n this  State  any  honeybees,  brood  comb,  or  honey  known  to  possess  or  be  in- 
'ected  with  the  disease  known  as  “foul  brood,"  or  with  any  other  infectious  or 
•ontagious  disease  peculiar  to  bees  and  honey,  contrary  to  the  provisions s of  t is 
ict  or  to  keep  or  to  have  in  possession  any  beehive  or  other  receptacle  in  which 
foul  brood,  diseased  bees,  or  infected  honey  is  known  to  have  been  ep 
Every  person  violating  any  provisions  of  this  section  shall  be  deemed  gui  y 
El  misdemeanor,  and  upon  conviction  thereof  shall  pay  a fine  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  for  each  offense,  or  be  confined  in  the 
countv  jail  not  more  than  thirty  days. 

Sec.  2.  Any  honeybees,  brood  comb,  or  honey  owned  or  kept  or  found  m this 
State  known  to  be  affected  with  foul  brood  or  other  infectious  or  contagious  dis- 
ease and  any  beehive  or  receptacle  in  which  any  bees,  brood  comb,  or  honey 
shall  have  been  kept,  known  to  have  been  infected  with  any  infectious  or  con- 
tagious disease,  shall  be  destroyed  immediately  and  completely  by  burning,  by 
the  owner  thereof  or  the  person  or  persons  in  whose  possession  the  same 

mSEce3  Every  person  owning  or  having  in  his  or  her  possession,  or  under  his 
or  her  control,  any  honeybees,  brood  comb,  honey,  beehive,  or  receptacle  or  ap- 
paratus known  to  be  infected  with  any  infectious  or  contagious  disease  peculiar 
to  honeybees  or  honey,  or  in  which  any  diseased  bees  or  infected  honey  shall 
have  been  kept,  who  shall  not  immediately  cause  the  same  to  be  destroyed  as 
provided  in  section  2 of  this  act  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  pay  a fine  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  for  each  offense,  or  be  imprisoned  in  the  county  ja 
not  more  th^n  thirty  days  for  each  offense. 


192 


LAWS  AGAINST  FOUL  BROOD. 


Sec.  4.  Every  person  owning  or  keeping  honeybees  in  this  State  shall  cause 
all  bees  owned  or  kept  by  him  or  her  to  be  inspected  at  his  or  her  own  expense 
as  hereinafter  provided.  Every  person  neglecting  or  refusing  to  cause  all 
such  bees  to  be  duly  inspected  as  hereinafter  provided  shall  he  deemed  guilty  of 
a misdemeanor,  and  shall  pay  a fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars  for  each  offense  upon  conviction  thereof : Provided,  That  if 
upon  inspection  of  any  colony  or  colonies  of  bees  the  disease  of  foul  brood  or 
other  infection  or  contagion  shall  be  found  to  exist,  and  such  inspector  shall  be 
of  the  opinion  that  by  proper  treatment  such  disease  or  contagion  or  infection 
may  be  removed,  he  shall  so  certify  officially  in  his  certificate  of  inspection,  and 
the  owner  or  owners  of  such  bees  shall  be  entitled  to  keep  such  bees  for  the 
period  of  six  months  for  treatment,  and  at  the  expiration  of  said  time,  if  such 
disease,  infection,  or  contagion  shall  not  be  eradicated,  such  bees  shall  be  de- 
stroyed, as  hereinbefore  provided,  and  any  person  or  persons  having  in  pos- 
session any  brood,  comb,  beehives,  honey,  or  apparatus  used  in  connection  with 
bee  culture,  found  in  like  manner  to  be  infected  with  foul  brood  or  infectious  or 
contagious  disease,  such  person  shall  be  allowed  the  period  of  thirty  days  to 
disinfect  the  same,  but  no  longer,  and  if  at  the  end  of  said  period  of  thirty  days] 
said  disinfection  shall  not  have  been  complete,  such  brood,  comb,  beehive,  honey,  I 
or  apparatus  shall  be  destroyed  as  hereinbefore  provided. 

Sec.  5.  Every  person  engaged  in  beekeeping  in  this  State,  either  as  owner,] 
agent,  or  lessee,  in  infected  districts,  shall  cause  to  be  inspected  at  least  once  in] 
each  year  each  and  every  brood  or  colony  of  bees,  brood  comb,  and  honey  in  his  I 
or  her  possession  or  under  his  or  her  control,  and  procure  a certificate  of  such', 
inspection  showing  the  true  condition  of  each  and  every  one  of  the  above-named 
articles  in  his  or  her  possession  as  to  the  existence  of  foul  brood  or  other  infec- 
tious or  contagious  disease,  in  duplicate,  one  of  which  duplicates  shall  be  left 
with  such  person  and  the  other  shall  be  filed  in  the  office  of  the  county  clerk  of 
the  county  where  such  bees  or  honey  or  brood  comb  is  kept. 

Sec.  6.  Upon  the  application  of  the  Nebraska  State  Beekeepers’  Association, 
or  other  person  or  persons  interested  in  bee  culture  residing  in  any  county  in 
this  State,  the  governor  may  appoint  a suitable  person,  resident  of  said  county, 
inspector  of  bees  and  honey  for  said  county,  who  shall  be  sworn  to  perform  the  I 
duties  of  such  office  faithfully  and  impartially,  whose  duty  it  shall  be  to  in- : 
spect  all  bees,  brood  combs,  honey  within  his  said  county  when  called  upon  for 
said  purpose,  and  shall  be  entitled  to  receive  the  sum  of  two  dollars  for  each 
day  or  part  of  a day  necessarily  employed  in  making  such  inspection,  to  be  paid 
by  the  owner  or  agent  or  lessee  in  whose  possession  such  bees,  brood  comb,  or 
honey  may  be  when  inspected.  Such  inspectors  shall  make  certificates  in  dupli- 
cate, and  shall  give  one  to  the  owners  or  persons  in  charge  of  such  bees,  or 
brood  combs,  or  honey,  and  file  the  other  in  the  office  of  the  county  clerk  as 
aforesaid. 

Took  effect  June  6th,  1885. 


NEW  MEXICO. 

Chapter  43. 

An  Act  relating  to  foul  brood  and  other  contagious  diseases  among  bees. 

Be  it  enacted  by  the  legislative  assembly  of  the  Territory  of  Netv  Mexico: 
Section  1.  That  hereafter  all  bee  keepers,  owners,  and  possessors  of  bees, 
apiaries,  bee  hives,  and  apparatus  pertaining  to  bees,  bee  keepers,  apiaries,  and 
bee  hives  shall  keep  the  same  properly  protected  and  disinfected  and  free  from 


NEW  YORK. 


193 


all  foul  brood  or  other  contagious  diseases,  and  shall  be  required  to  keep  all 
jbees,  bee  hives,  bee  houses,  apiaries,  combs,  honey,  and  apparatus  free  from  all 
foul  brood  or  other  contagious  diseases. 

Sec.  2.  That  any  person  or  persons  who  have  in  their  possession  or  under 
their  control  any  bees,  bee  hives,  bee  houses,  combs,  or  apparatus  pertaining  to 
[bees  or  apiaries  and  who  shall  allow  the  same  to  become  infected  or  diseased 
with  any  foul  brood  or  contagious  diseases,  and  who  shall  wilfully  and  know- 
ingly permit  them  to  remain  in  such  condition,  shall  be  deemed  guilty  of  mis- 
demeanor and  upon  trial  and  conviction  before  any  justice  of  the  peace  may 
be  fined  in  any  sum  not  less  than  ten  dollars  or  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  more  than  30  days,  or  by  both  such  fine  and 
imprisonment. 

Sec.  3.  That  any  person  competent  to  testify  as  a witness  may,  upon  informa- 
tion and  belief,  make  complaint  before  any  justice  of  the  peace  in  any  county 
in  this  Territory  in  which  such  foul  brood  or  contagious  diseases  among  bees 
is  found  to  exist,  and  upon  such  written  complaint  being  made  in  writing  and 
duly  sworn  to  as  required  by  law  the  justice  before  whom  such  complaint  is 
made  shall  issue  a warrant  for  the  arrest  of  the  offender  and  shall  fully  inquire, 
examine  into,  and  try  said  cause  as  now  provided  for  the  trial  of  misdemeanors 
before  a justice  of  the  peace. 

Sec.  4.  That  upon  the  trial  of  said  cause,  that  any  bees,  bee  hives,  combs, 
honey,  or  apparatus  connected  with  said  apiary  or  bee  keeper  that  be  found  by 
said  justice  of  the  peace  before  whom  such  trial  is  had  to  be  diseased  or  infected 
with  foul  brood  or  any  other  contagious  diseases  shall  by  such  justice  of  the 
peace  be  declared  to  be  a nuisance  and  shall  be  condemned  as  such  and  an  order 
or  writ  issued  for  the  destruction  of  such  nuisance,  and  upon  the  issuing  of  such 
order  and  such  writ  directed  to  any  constable  or  sheriff  of  such  county  such 
constable  or  such  sheriff  to  whom  such  order  or  writ  is  directed  and  delivered 
shall  forthwith  execute  the  same  by  burning,  destroying,  and  putting  out  of  ex- 
istence all  such  bees,  bee  hives,  bee  houses,  comb,  honey,  or  apparatus  so  de- 
clared to  be  and  condemned  as  a nuisance. 

Sec.  5.  Justices  of  the  peace  in  their  respective  counties  shall  have  jurisdic- 
tion in  all  causes  arising  under  the  provisions  of  this  act,  and  their  costs  in 
cases  under  this  act  shall  be  taxed  up  and  assessed  as  cases  in  other  cases  of 
misdemeanor  before  justice  of  the  peace. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed,  and 
this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  9,  1905. 


NEW  YORK. 

Agricultural  Law  of  the  State  of  New  York,  as  Amended  to  July,  1905. 

ARTICLE  VI. 

§ 80.  The  prevention  of  diseases  among  bees.  No  person  shall  keep  in  his 
apiary  any  colony  of  bees  affected  with  a contagious  malady  known  as  foul 
brood  or  black  brood;  and  every  bee  keeper,  when  he  becomes  aware  of  the 
existence  of  either  of  such  diseases  among  his  bees,  shall  immediately  notify 
the  commissioner  of  agriculture  of  the  existence  of  such  disease.  (As  amended 
by  chapter  21 J)  of  the  Laws  of  1902.) 

7418— No.  61  m 13 


194 


LAWS  AGAINST  FOUL  BROOD, 


§ 80  a.  [Defining  honey.] 

§80b.  [Relative  to  selling  a commodity  in  imitation  or  semblance  of  honey.]  t 

§ 81.  Duties  of  the  commissioner.  The  commissioner  of  agriculture  shall  im- . s 
mediately  upon  receiving  notice  of  the  existence  of  foul  brood  or  black  brood  « 
among  the  bees  in  any  locality  send  some  competent  person  or  persons  to  exam-  \ 
ine  the  apiary  or  apiaries  reported  to  him  as  being  affected  and  all  the  other 
apiaries  in  the  immediate  locality  of  the  apiary  or  apiaries  so  reported;  if  foul  f 
brood  or  black  brood  is  found  to  exist  in  them,  the  person  or  persons  so  sent  by 
the  commissioner  of  agriculture  slial  lgive  the  owners  or  caretakers  of  the  dis- 
eased apiary  or  apiaries  full  instructions  how  to  treat  said  cases.  The  com- 
missioner of  agriculture  shall  cause  said  apiary  or  apiaries  to  be  visited  from 
time  to  time  as  he  may  deem  best,  and  if,  after  proper  treatment,  the  said  bees 
shall  not  be  cured  of  the  diseases  known  as  foul  brood  or  black  brood  then  he 
may  cause  the  same  to  be  destroyed  in  such  manner  as  may  be  necessary  to  pre- 
vent the  spread  of  the  said  diseases.  For  the  purpose  of  enforcing  this  act  the 
commissioner  of  agriculture,  his  agents,  employees,  appointees,  or  counsel,  shall 
have  access,  ingress,  and  egress  to  all  places  where  bees  or  honey  or  appliances 
used  in  apiaries  may  be  which  it  is  believed  are  in  any  way  affected  with  the 
said  disease  of  foul  brood  or  black  brood  or  where  it  is  believed  any  commodity 
is  offered  or  exposed  for  sale  in  violation  of  the  provisions  of  this  act.  No 
owner  or  caretaker  of  a diseased  apiary,  honey,  or  appliances  shall  sell,  barter, 
or  give  away  any  bees,  honey,  or  appliances  from  said  diseased  apiary  which 
shall  expose  other  bees  to  the  danger  of  said  diseases,  nor  refuse  to  allow  the 
said  commissioner  of  agriculture,  or  the  person  or  persons  appointed  by  him,  to 
inspect  said  apiary,  honey,  or  appliances  and  do  such  things  as  the  said  commis- 
sioner of  agriculture  or  the  person  or  persons  appointed  by  him  shall  deem  nec- 
essary for  the  eradication  of  said  diseases.  Any  person  who  disregards  or  vio- 
lates any  of  the  provisions  of  this  section  is  guilty  of  a misdemeanor  and  shall 
be  punished  by  a fine  of  not  less  than  thirty  dollars  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  one  month  nor 
more  than  two  months,  or  by  both  fine  and  imprisonment.  (As  amended  by 
chapter  214  of  the  Laws  of  1902.) 


OHIO. 

An  Act  to  provide  for  county  inspectors  of  apiaries  and  defining  their  duties,  and  pro- 
viding  for  their  compensation,  for  the  purpose  of  curing  and  avoiding  foul  brood  or 
other  diseases  among  bees  and  their  hives. 

Be  it  enacted  hy  the  general  assembly  of  the  State  of  Ohio: 

Section  1.  That  whenever  a petition  is  presented  to  the  board  of  county 
commissioners  of  any  county  in  the  State  of  Ohio,  signed  by  three  or  more  per- 
sons, all  of  whom  are  residents  of  said  county,  and  possessors  of  an  apiary  or 
place  where  bees  are  kept,  stating  that  certain  apiaries  within  said  county  are  \ 
infected  with  the  disease  known  as  foul  brood,  or  any  other  disease  which  is 
injurious  to  bees  or  their  larvae,  praying  that  an  inspector  be  appointed  by  said 
board  of  county  commissioners,  said  board  of  county  commissioners  shall  within 
five  days  after  the  presentation  of  said  petition  appoint  a person  as  bee  inspector  i 
who  is  resident  of  said  county  who  shall  be  a skilled  bee  keeper,  having  thor- 
ough knowledge  of  foul  brood  and  other  diseases  injurious  to  bees  and  their 
larvae  and  the  treatment  of  same. 

Sec.  2.  The  person  so  appointed  shall,  within  five  days  after  his  appointment, 
file  with  the  said  board  his  written  acceptance  of  the  office,  or,  in  default  thereof, 


OHIO. 


195 


• in  case  of  vacancy,  the  board  shall  in  the  same  manner  make  new  appoint- 
ents  until  the  said  office  is  filled.  The  inspector  shall  hold  his  office  for  two 
iars  and  until  his  successor  is  appointed  and  qualified,  except  when  upon  peti- 
on  of  ten  persons  (each  of  whom  is  a resident  of  said  county  and  possessor  of 
1 apiary),  to  the  board  of  county  commissioners  of  said  county,  may  remove 
Hid  inspector  for  cause,  after  a hearing  of  petitioners. 

Sec.  3.  Any  bee  keeper  or  other  person  who  shall  have  cause  to  believe  that 
a apiary  in  his  county  is  affected  with  foul  brood  or  other  disease,  either  in 
s own  apiary  or  elsewhere,  shall  make  affidavit  stating  that  on  information  or 
fiief,  he  believes  that  certain  apiaries,  describing  the  location,  naming  the 
;vner  or  keeper,  is  affected  with  foul  brood  or  other  disease,  and  his  ground  for 
ich  belief.  On  receiving  said  affidavit  from  any  source  of  the  existence  in 
ay  apiary  in  his  county,  of  the  disease  known  as  foul  brood,  or  any  other 
ifectious  or  contagious  disease  of  bees,  the  county  inspector  of  bees  shall  forth- 
ith  inspect  each  colony  of  bees  and  all  hives,  implements  and  apparatus, 
oney  and  supplies  on  hand  or  used  in  connection  with  such  apiary,  and  dis- 
nctly  designate  each  colony  or  apiary  which  is  infected,  and  notify  the  owner 
r person  in  charge  of  said  bees  thereof,  in  writing,  and  the  owners  of  said 
ees,  or  the  persons  in  charge  thereof  to  practically  and  in  good  faith  apply, 
nd  thereafter  fully  and  effectually  carry  out  to  and  upon  such  diseased  colonies, 
iich  treatment  as  may  have  been  prescribed  by  the  said  inspector  for  such 
lises ; also  thoroughly  disinfect,  to  the  satisfaction  of  the  inspector,  all  hives, 
rehouses,  combs,  honey,  and  apparatus  that  have  been  used  in  connection  with 
!ny  such  diseased  colonies;  or,  at  his  election,  the  said  owner  or  person  in 
large  of  such  bees  may  within  the  same  time  utterly  and  completely  destroy 
lid  bees,  hives,  houses,  comb  houses,  honey,  and  apparatus  by  first  killing  the 
iees  (by  the  use  of  sulphur  fumes,  when  the  bees  are  in  the  hives  for  the 
ight),  by  fire,  or  bury  the  same  in  the  ground  with  a covering  of  not  less  than 
svo  feet  of  earth. 

Sec.  4.  The  inspector  of  bees  shall  have  the  right  to  enter  the  premises  of 
ny  bee  keeper,  where  the  bees  are  kept,  and  inspect  such  bees,  and  any  person 
esisting  or  refusing  to  allow  said  inspection  by  said  bee  inspector  shall  be 
uilty  of  a misdemeanor  and  may  be  then  and  there  arrested  by  said  bee 
ispector  or  person  deputized  by  him  and  brought  before  a justice  of  the  peace, 
nd  upon  conviction  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
iventy-five  dollars. 

Sec.  5.  After  inspecting,  working  with,  or  handling  infected  hives  or  fixtures, 
r handling  diseased  bees,  the  inspector  or  other  person  shall,  before  leaving 
be  premises,  or  proceeding  to  any  other  apiary,  thoroughly  disinfect  his  own 
erson  and  clothing,  and  shall  see  that  any  assistant  or  assistants  with  him 
ave  also  thoroughly  disinfected  their  clothing  and  person. 

Sec.  6.  The  inspector  shall  have  full  power  in  his  discretion  to  order  any 
wner  or  possessor  of  bees  dwelling  in  box  hives  in  apiaries  where  the  disease 
xists  (being  mere  boxes  without  frames)  to  transfer  such  bees  to  movable 
rame  hives  within  a specified  time,  and  in  default  of  such  transfer  the  same 
hall  become  unlawful  and  the  inspector  may  destroy  or  order  for  destruction 
f such  box  hives  and  the  bees  dwelling  therein  as  a public  nuisance. 

Sec.  7.  Should  any  owner  of,  or  keeper  of,  or  other  person  having  diseased 
-ees  or  their  larvse,  or  of  any  affected  hives  of  combs,  appliances,  or  utensils 
or  bee  keeping,  sell  or  barter  or  give  away  the  same,  or  allow  the  same  or  any 
>art  thereof  to  be  moved,  such  person  shall  be  guilty  of  a misdemeanor,  and 
lpon  conviction  such  person  shall  be  fined  not  less  than  ten  dollars  nor  more 
han  twenty-five  dollars. 


196 


LAWS  AGAINST  FOUL  BROOD. 


Sec.  8.  Should  any  person  whose  bees  have  been  destroyed  or  treated  foi 
foul  brood  sell,  or  offer  for  sale,  any  bees,  hives,  or  appurtenances  of  any  kind 
after  such  destruction  or  treatment,  and  before  being  authorized  by  thi 
inspector  to  do  so,  or  should  he  expose,  in  his  bee  yard  or  elsewhere,  anj 
infected  comb  honey  or  other  infected  thing,  or  conceal  the  fact  that  such  dis 
ease  exists  among  his  bees,  such  person  shall  be  guilty  of  a misdemeanor,  an( 
upon  conviction  such  person  shall  be  fined  not  less  than  ten  dollars  nor  mori 
than  twenty-five  dollars. 

Sec.  9.  If  any  owner  or  keeper  of  bees  knows  of  or  after  being  notified  bj 
the  bee  inspector  that  foul  brood  or  other  infectious  or  contagious  diseas< 
exists  in  any  of  the  hives  in  the  apiaries  owned  or  in  charge  of  said  persom 
and  shall  fail  to  comply  within  ten  days  from  receiving  said  knowledge  and  tb 
date  of  receiving  instructions  from  the  county  inspector  to  cure  or  destroy  tbj 
bees  or  hives,  or  their  appliances,  such  person  shall  be  guilty  of  a misdemeanor 
and  upon  conviction  thereof  such  person  shall  be  fined  not  less  than  ten  dollar: 
nor  more  than  twenty-five  dollars. 

Sec.  10.  When  the  owner  or  possessor  of  bees  shall  disobey  the  directions  o 
said  bee  inspector  in  curing  or  destroying  any  diseased  bees,  honey,  hives,  o 
appliances  shall  become  unlawful  and  a public  nuisance,  and  the  said  bee  in 
spector  shall  at  once  destroy  said  bees,  honey,  hives,  or  appliances,  and  ma; 
deputize  such  additional  persons  as  he  may  find  necessary  to  effect  said  d€ 
struction. 

Sec.  11.  The  inspector  shall  make  a monthly  report  in  writing,  under  oath,  t 
the  board  of  county  commissioners,  in  which  report  he  shall  state  the  days  am 
number  of  hours  ip  the  preceding  month  spent  by  him  in  the  actual  discharg 
of  his  duties,  and  shall  in  said  report  state  the  name  of  the  owner  or  keepei 
and  the  location  of  the  apiary  upon  which  such  time  was  spent  in  curing  or  d€ 
stroying  said  bees,  together  with  an  itemized  account,  showing  the  dates  am 
amounts  for  what  incurred,  money  spent  for  any  discharge  of  his  duties,  and  t 
whom  the  same  was  paid,  and  for  what  services  and  considerations  such  indebl 
edness  was  incurred,  and  accompany  said  report  with  the  affidavits  given  hir 
under  and  in  pursuance  of  section  3 of  this  act,  and  make  full  and  complete  rt 
port  of  all  he  did  and  results  of  his  treatment  of  any  apiary. 

Sec.  12.  After  the  inspector  of  bees  in  any  county  shall  make  report,  as  pr( 
vided  in  the  preceding  section,  said  county  commissioner  shall  allow  to  said  ii 
spector  of  bees  two  dollars  for  a full  day,  and  one  dollar  for  each  half  daj 
necessarily  and  actually  employed  in  the  discharge  of  his  duties  under  this  ac 
together  with  his  necessary  and  actual  expenses  while  so  employed,  to  be  audite( 
allowed,  and  paid  by  the  county  treasurer  upon  the  warrant  of  the  count 
auditor. 

Sec.  12  a.  There  shall  be  levied  annually  on  the  owner  of  each  colony  of  bee 
in  each  county  in  the  State  an  annual  tax  of  one  (1)  cent  for  each  colony  owne( 
which  levy  shall  be  placed  on  the  tax  duplicate  of  the  county  by  the  auditor  c 
such  county  at  the  time  of  the  levy  of  other  taxes  each  year,  and  such  lev 
shall  be  predicated  upon  the  returns  for  taxation  as  made  to  such  auditor  by  tl 
assessors  having  jurisdiction  in  the  premises  for  the  return  of  personal  propert 
for  taxation ; such  assessors  shall  be  provided  with  blanks  necessary  to  proem 
such  returns  from  owners  of  colonies  of  bees,  who  shall  on  demand  be  require* 
to  list  the  same  for  taxation  for  the  purposes  of  this  act,  as  in  other  cases  o 
listing  and  valuation  of  personality  for  taxation.  The  county  treasurer  sha| 
collect  the  amount  of  said  tax  so  assessed  in  the  same  manner  and  at  the  sanf 
time  he  collects  other  taxes,  and  the  same  shall  be  certified  to  him  by  the  counk 
auditor  in  the  same  manner  as  other  taxes  for  collection.  The  amount  so  co 


TEXAS. 


197 


ected  shall  constitute  a special  fund,  to  be  disposed  of  in  the  payment  of  the 
alary  and  actual  expenses  of  the  inspector  of  bees  appointed  in  pursuance  of 
he  provisions  of  the  act  of  April  15,  1904,  aforesaid. 

Original  act  approved  April  21st,  1904.  Amended  act  approved  March  17th, 
.906. 


TEXAS. 

i.N  Act  to  provide  for  the  protection  of  honeybees  against  foul  brood  and  other  con- 
tagious diseases,  and  providing  that  all  bee  keepers  report  to  the  State  entomologist 
when  infectious  diseases  exist,  providing  for  collecting  the  expense  of  eradicating  the 
disease  and  fixing  the  charges  upon  the  owner  or  agent  of  the  bees,  providing  for  the 
extermination  of  all  contagious  diseases,  and  providing  penalties  for  the  violation  of 
any  of  the  provisions  of  this  act. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State  of  Texas , If  any  owner 
if  or  any  person  having  control  or  possession  of  any  honey  bees  in  this  State, 
cnows  that  any  bees  so  owned  or  controlled  are  affected  with  foul  brood  or  any 
ither  contagious  disease  it  shall  be  and  is  hereby  made  his  duty  to  at  once 
report  said  fact  to  the  State  entomologist,  setting  out  in  his  said  report  all  the 
facts  known  with  reference  to  said  infection.  The  State  entomologist  shall  have 
full  power  in  his  discretion  to  order  any  owner  or  possessor  of  bees  dwelling  in 
hives  without  movable  frames,  or  not  permitting  of  ready  examination,  to 
transfer  such  bees  to  a movable  frame  hive  within  a specified  time.  In  default 
of  such  transfer  the  State  entomologist  may  destroy,  or  order  destroyed,  such 
hives,  together  with  the  honey,  combs,  frames,  and  bees  contained  therein,  with- 
out recompense  to  the  owner,  lessee,  or  agent  thereof. 

Sec.  2.  The  State  entomologist  shall  prescribe  such  rules  and  regulations  as 
may  in  his  judgment  seem  necessary  for  the  eradication  of  all  contagious  dis- 
eases of  bees,  and  if  at  any  time  the  entomologist  finds,  or  has  reason  to  believe, 
that  the  owner  or  keeper  of  any  bees,  or  the  owner  of  any  apiary,  has  refused 
or  is  refusing  to  comply  with  all  or  any  such  rules  and  regulations,  then  and 
in  that  event  the  State  entomologist  is  hereby  authorized  to  inspect  said  bees, 
and,  if  necessary,  burn  diseased  colonies,  appliances,  and  honey,  and  do  any  and 
all  things  necessary  in  the  premises  to  eradicate  foul  brood  or  any  other  infec- 
tious disease  of  bees. 

Sec.  3.  When  any  owner  or  possessor  of  bees  shall  fail  to  carry  out  the 
instructions  of  the  State  entomologist  as  set  forth  in  sections  1 and  2 of  this 
act,  the  State  entomologist  or  his  assisant  shall  carry  out  such  destruction  or 
treatment,  and  shall  present  to  the  owner  of  said  bees  a bill  for  the  actual  cost 
of  such  destruction  or  treatment.  In  the  failure  of  the  owner  or  possessor 
of  such  bees  to  pay  said  bill  within  thirty  days  after  the  delivery  of  same  to 
himself,  tenant,  or  agent,  or  within  thirty  days  after  mailing  same  to  his  usual 
post-office  address,  the  State  entomologist  shall  certify  to  the  county  attorney 
of  the  county  wherein  such  bees  are  located  the  amount  and  items  of  such  bill, 
and  the  county  attorney  shall  file  suit  for  the  recovery  of  said  account.  All 
moneys  recovered  by  the  county  attorney  for  such  destruction  or  treatment 
shall  be  paid  into  the  hands  of  the  county  treasurer,  to  become  a part  of  the 
fund  for  carrying  out  the  provisions  of  this  act. 

Sec.  4.  If  any  owner  or  keeper  of  any  diseased  colonies  of  bees  shall  barter 
or  give  away  any  infected  bees,  honey,  or  appliances,  or  shall  expose  any  other 
bees  to  the  danger  of  infection  of  the  disease,  or  shall  refuse  or  neglect  to  make 
report  as  provided  in  section  1 of  this  act,  he  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  any  sum  not  exceeding 
two  hundred  dollars. 


198 


LAWS  AGAINST  FOUL  BROOD. 


Sec.  5.  The  fact  that  the  season  when  young  colonies  of  bees  will  have  th  - 
mother  colonies  is  near  at  hand,  and  that  there  is  no  existing  law  properl  F 
governing  colonies  affected  with  foul  brood  creates  an  emergency,  and  an  impera  - 
tive  public  necessity  requiring  the  suspension  of  the  constitutional  rule  requii 
ing  bills  to  be  read  on  three  several  days,  and  the  same  is  so  suspended,  an 
this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage ; and  it  i 
so  enacted. 

Became  a law  April  21,  1903. 

o' 


UTAH. 

Law  of  Utah  for  the  Protection  and  Encouragement  of  the  Bee  Industry  , 

I 

Section  1.  The  board  of  county  commissioners  of  the  several  counties  shal 
when  petitioned  by  a majority  of  the  bee  keepers  thereof,  appoint  one  or  mor 
qualified  persons  inspectors  of  bees  for  their  respective  counties. 

Sec.  2.  Such  inspectors  shall  hold  their  office  for  two  years  and  until  thei 
successors  are  appointed  and  qualified.  They  shall  qualify  by  taking  and  sub 
scribing  their  official  oath  and  by  giving  bonds  to  be  approved  by  their  respec 
tive  boards  of  county  commissioners,  which  oath  and  bonds  shall  be  filed  wit] 
the  county  clerk. 

Sec.  3.  Inspectors  shall  be  paid  out  of  the  county  treasury  for  services  actu 
ally  rendered  at  such  rate  per  day  as  the  board  of  county  commissioners  ma; 
fix.  The  assessor  of  each  county  is  hereby  required  to  assess  each  colony  o 
bees  in  his  county  in  the  same  manner  as  other  assessments  are  made.  A1 
taxes  shall  be  assessed  and  collected  thereon  in  the  manner  provided  by  law  fo 
the  collection  and  payment  of  county  taxes. 

Sec.  4.  All  hives  of  bees  in  each  county  shall  be  carefully  inspected  at  leas 
once  each  year  by  a county  or  district  inspector,  where  such  inspector  has  beei 
appointed,  and,  at  any  time  upon  complaint  that  disease  exists  among  bees  o 
any  person,  the  inspector  to  whom  complaint  is  made  shall  immediately  inspec 
the  bees  said  to  be  infected.  The  inspector  shall  have  authority  to  take  charg 
and  control  of  diseased  bees  and  their  hives,  and  the  tools  and  implements  use< 
in  connection  therewith  for  treatment,  or  destroy  such  bees,  broods,  or  hive 
and  their  contents,  or  implements,  as  may  be  infected : Provided,  That  an; 
owner  questions  a decision  of  the  inspector  he  may  appeal  to  three  arbitrator: 
selected  from  among  the  bee  keepers  of  the  county,  one  of  whom  shall  be  chosei 
by  the  owner,  the  second  by  the  inspector,  and  the  third  so  chosen,  whose  de 
cision,  concurred  in  by  at  least  two  of  their  number,  shall  be  conclusive  as  t 
the  condition  of  the  bees  at  the  time  of  such  examination. 

Sec.  5.  Any  person  who  shall  hinder  or  obstruct,  or  attempt  to  hinder  or  ob 
struct,  a duly  appointed  inspector  from  the  performance  of  any  duty  required 
by  this  title,  shall,  on  conviction  thereof  before  a justice  of  peace  having  juris 
diction,  be  deemed  guilty  of  a misdemeanor,  and  shall  be  fined  for  the  firs 
offense  not  less  than  five  nor  more  than  twenty-five  dollars,  and  for  any  addi 
tional  offenses  any  sum  not  exceeding  fifty  dollars. 

Approved  March  11th,  1897.  To  take  effect  January  1,  1898. 


WASHINGTON. 

Be  it  enacted  by  the  legislature  of  the  State  of  Washington: 

Section  1.  Whenever  a petition  is  presented  to  the  board  of  county  commis 
sioners  of  any  county  signed  by  ten  or  more  persons,  each  of  whom  is  a property 


WASHINGTON. 


199 


holder  resident  of  the  county  and  possessor  of  an  apiary  or  place  where  bees 
are  kept,  stating  that  certain  or  all  apiaries  within  the  county  are  infected  with 
the  disease  known  as  “ foul  brood,”  or  any  other  disease  which  is  infectious  or 
contagious  in  its  nature  and  injurious  to  bees,  their  eggs,  or  larvae,  and  praying 
that  an  inspector  be  appointed  by  them,  whose  duty  it  shall  be  to  supervise 
the  treatment  of  said  bees  and  apiaries  as  herein  provided,  the  board  of 
county  commissioners  shall,  within  twenty  days  thereafter,  appoint  a suitable 
person,  who  shall  be  a skilled  bee  keeper,  inspector  of  apiaries.  The  said  board 
of  county  commissioners  may  remove  said  inspector  at  any  time  for  cause. 

Sec.  2.  It  shall  be  the  duty  Of  the  inspector  in  each  county  to  cause  an  inspec- 
tion to  be  made  when  he  deems  it  necessary  of  any  or  every  apiary,  or  other 
place  within  his  jurisdiction  in  which  bees  are  kept,  and  if  found  infected  with 
foul  brood  or  any  other  infectious  or  contagious  disease  injurious  to  the  bees  or 
their  eggs  or  larvae  he  shall  notify  the  owner  or  owners,  person  or  persons  in 
charge  or  in  possession  of  said  apiaries  or  places  where  bees  are  kept  that  the 
same  are  infected  with  foul  brood  or  any  other  disease  infectious  or  con- 
tagious in  nature  and  injurious  to  bees,  their  eggs,  or  larvae,  and  he  shall  re- 
quire such  person  or  persons  to  eradicate  and  remove  such  disease  or  cause  of 
contagion  within  a certain  time,  to  be  specified.  Said  notice  may  be  served 
jupon  the  person  or  persons,  or  either  of  them,  owning  or  having  charge  or  hav- 
ing possession  of  such  infected  apiaries  or  places  where  bees  are  kept  by  any 
inspector  or  by  any  person  deputized  by  the  said  inspector  for  that  purpose, 
[or  they  may  be  served  in  the  same  manner  as  a summons  in  a civil  action. 
Any  and  all  such  apiaries  or  places  where  bees  are  kept  found  infected  with 
I foul  brood  or  any  other  infectious  or  contagious  disease  are  hereby  adjudged 
. and  declared  to  be  a public  nuisance,  and  whenever  any  such  nuisance  shall 
exist  at  any  place  within  his  jurisdiction  or  on  the  property  of  any  nonresident 
I or  on  any  property  the  owner  or  owners  of  which  can  not  be  found  by  the 
inspector,  after  diligent  search,  within  the  county,  or  upon  the  property  of  any 
owner  or  owners  upon  whom  notice  aforesaid  has  been  served,  and  who  shall 
refuse  or  neglect  to  abate  the  same  within  the  time  specified,  it  shall  be  the 
duty  of  the  inspector  to  abate  the  same,  either  by  treating  the  disease,  or  by 
destroying  the  infected  hives,  together  with  their  combs  and  bees  therein.  The 
expense  thereof  shall  be  a county  charge,  and  the  board  of  county  commissioners 
shall  allow  and  pay  the  same  out  of  the  general  fund  of  the  county. 

Sec.  3.  It  shall  be  the  duty  of  the  county  inspector  of  apiaries  to  keep  a 
record  of  his  official  acts  and  doings  and  make  report  thereof  to  the  board  of 
county  commissioners  when  required  by  said  board. 

Sec.  4.  The  salary  of  the  county  inspector  of  apiaries  shall  be  three  dollars 
per  day  when  actually  engaged  in  the  performance  of  his  duties : Provided , 
That  the  expenditures  under  this  act  in  any  county  shall  not  exceed  the  sum 
of  one  hundred  dollars  per  annum. 

Sec.  5.  The  inspector  of  apiaries  may,  in  his  discretion,  order  the  owner  or 
owners  or  other  person  in  charge  of  bees  kept  in  box  or  other  immovable  or 
stationary  comb  hives  in  apiaries  infected  with  foul  brood  or  other  infectious 
or  contagious  disease  or  within  a radius  of  three  miles  of  such  diseased  apiaries 
to  transfer  such  bees  to  movable  frame  hives  within  a reasonable  time,  to  be 
specified  in  such  order  or  notice,  and  in  default  of  such  transfer  the  owner 
or  owners  or  other  person  in  charge  of  such  bees,  the  inspector  may  destroy  or 
cause  to  be  destroyed  all  such  hives  together  with  their  contents,  and  the  ex- 
pense thereof  shall  be  a county  charge,  as  provided  in  section  2 of  this  act. 

Sec.  6.  It  shall  be  unlawful  for  any  person  owning  or  controlling  bees  within 
this  State  which  are  known  to  be  infected  with  foul  brood  or  other  infectious 


200 


LAWS  AGAINST  FOUL  BROOD. 


or  contagious  disease  to  remove  said  bees  to  a new  location  without  first  giving 
ten  days’  notice  to  the  county  inspector  of  apiaries,  stating  when  and  where  he 
intends  moving  said  bees.  Any  person  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  7.  Any  person  or  persons  whose  apiary  is  infected  with  foul  brood  or 
other  infectious  or  contagious  disease  and  who  sells  or  offers  for  sale  from  such 
infected  apiary  any  bees,  hives,  bee  fixtures,  or  appurtenances,  or  who  shall 
expose  in  his  bee  yard  or  elsewhere  any  infected  comb  honey,  beeswax,  or 
other  infected  thing,  or  who  conceals  the  fact  that  his  apiary  is  so  infected 
shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  8.  Any  person  or  persons  who  shall  resist,  impede,  or  hinder  in  any  way 
the  inspector  of  apiaries  in  the  discharge  of  his  duties  under  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  9.  An  emergency  exists,  and  this  act  shall  take  effect  immediately. 


WISCONSIN. 

Wisconsin  Statutes,  1903,  Volume  1,  Chapter  188. 

Section  1494,  f.  Inspection  of  apiaries — Inspection , appointment,  duties , 
compensation.  The  governor  may  appoint  for  a term  of  two  years  a State  in- 
spector of  apiaries.  Said  inspector  shall,  when  notified  of  existence  of  disease 
known  as  foul  brood  among  apiaries,  examine  all  such  as  are  so  reported  and| 
all  others  in  the  same  locality  and  ascertain  whether  or  not  such  disease  exists J 
and,  if  satisfied  of  its  existence,  shall  give  the  owner  or  person  who  has  care  of 
such  apiaries  full  instructions  as  to  the  manner  of  treating  them. 

Within  a reasonable  time  after  making  such  examination  the  inspector  shall  I 
make  another  examination  thereof,  and  if  the  condition  of  any  of  them  is  such 
as  in  his  judgment  renders  it  necessary  he  may  burn  all  the  colonies  of  bees  and,] 
all  the  comb  necessary  to  prevent  the  spread  of  the  disease. 

Such  inspector  shall,  before  such  burning,  give  the  notice  provided  for  in  r.j 
and  otherwise  proceed  pursuant  to  the  provisions  of  section  1492,  b.  The  in- 
spector shall  make  at  the  close  of  each  calendar  year  a report  to  the  governor,  [i 
stating  the  number  of  apiaries  visited,  the  number  of  those  diseased  and  treated,; 
the  number  of  colonies  of  bees  destroyed,  and  of  the  expenses  incurred  in  the; 
performance  of  his  duties.  Said  inspector  shall  receive  four  dollars  for  each 
day  actually  and  necessarily  spent  in  the  performance  of  his  duties  and  be  re-1 
imbursed  the  money  expended  by  him  in  defraying  expenses : Provided,  Thatj 
the  total  expenditure  for  such  purpose  shall  not  exceed  seven  hundred  dollars 
per  year. 

Approved  May  11,  1903. 


Wisconsin  Statutes,  1903,  Volume  2,  Chapter  187. 

Section  4605,  a.  Sale  of  a diseased  apiary,  etc.  Any  owner  of  a diseased 
apiary,  of  honey  made  or  taken  from  such  an  apiary,  or  appliances  taken  from 
such  an  apiary,  who  shall  sell,  barter,  or  give  away  any  such  apiary,  honey,  or 
appliances,  or  bees  from  such  an  apiary,  expose  other  bees  to  the  danger  of 
contracting  such  disease,  or  refuse  to  allow  the  inspector  of  apiaries  to  inspects 
such  apiary,  honey,  or  appliances  shall  be  fined  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  less  than 
one  month  nor  more  than  two  months.  (Section  4,  chapter  150,  1897.) 


REPORTS  OF  THE  PRELIMINARY  AND  ANNUAL  MEETINGS  OF 
THE  AMERICAN  ASSOCIATION  OF  HORTICULTURAL  INSPECT- 
ORS, 1897-1905. 


Preliminary  Meetings  in  Chicago. 


In  a circular  letter  prepared  at  the  office  of  the  Illinois  State  entomologist, 
dated  January  7,  1897,  announcement  was  made  of  the  discovery  of  the  San 
Jose  scale  at  fifteen  different  points  in  Illinois,  and  the  opinion  was  expressed 
that  it  was  likely  that  other  States  would  be  found  similarly  infested  if  a system 
of  search  and  inspection  similar  to  that  of  Illinois  were  instituted.  It  was 
further  said  that — 

“ The  situation  is  so  grave  in  Illinois  that  our  State  Horticultural  Society  has 
taken  the  subject  up  with  great  energy,  and  has  prepared  a bill  for  introduction 
to  the  State  legislature,  which  has  just  begun  its  session,  proposing  measures 
of  prevention  and  defense  not  only  against  the  San  Jose  scale,  but  against  in- 
sect and  fungous  pests  in  general  destructive  to  horticultural  products.  * * * 

There  is  a strong  probability  that  this  bill,  or  some  substitute  for  it,  will  be 
passed  by  our  legislature,  probably  with  an  emergency  clause.  Would  it  not 
be  practicable  and  desirable  for  those  of  us  who  are  officially  interested  and  most 
responsible  in  the  premises  to  meet  at  an  early  day  for  conference  and  for  a 
comparison  of  ideas  and  plans  with  reference  to  this  matter?  I am  sure  that 
we  should,  in  this  State,  be  very  glad  indeed  to  have  the  benefit  of  the  judgment 
of  those  similarly  situated. 

“ I am  sending  this  letter  to  Indiana,  Ohio,  Michigan,  Minnesota,  Wisconsin, 
Iowa,  and  Missouri.  Would  you  be  willing  to  meet  representatives  from  any 
two  or  more  of  these  States,  either  at  Champaign  or  Chicago,  as  might  be  most 
convenient  for  those  proposing  to  confer?  An  early  reply  will  be  appreciated. 

“ Sincerely,  yours, 


S.  A.  Forbes.” 


This  letter  was  addressed  to  Prof.  E.  S.  Goff,  Madison,  Wis. ; Prof.  Otto 
Lugger,  St.  Anthony  Park,  Minn. ; Prof.  Herbert  Osborn,  Ames,  Iowa ; Prof. 
J.  M.  Stedman,  Columbia,  Mo. ; Prof.  L.  R.  Taft,  Agricultural  College,  Mich. ; 
Prof.  James  Troop,  Lafayette,  Ind.,  and  Prof.  F.  M.  Webster,  Wooster,  Ohio. 

Sequent  to  this  correspondence  a meeting  was  called  for  Chicago,  January  29. 
1897. 

At  this  conference,  according  to  a circular  report  issued  from  the  Illinois 
State  entomologist’s  office,  February  15,  1897,  the  following  eight  North-Central 
States  were  represented,  either  by  their  official  entomologists  or  by  their  ex- 
periment station  horticulturists,  namely,  Ohio,  Indiana,  Illinois,  Missouri,  Iowa, 
Michigan,  Wisconsin,  and  Minnesota.  Measures  were  discussed  to  be  taken  by 
the  separate  States  “ for  the  inspection  of  orchards,  nursery  stock,  and  the 
like,  and  especially  for  the  detection  and  destruction  of  the  San  Jose  scale 
wherever  there  is  reason  to  suppose  that  it  may  have  been  introduced.  It  was 
the  common  judgment  of  this  conference  that  both  State  and  national  legislation 
looking  to  these  ends  has  become  imperative.” 


201 


202 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


The  following  resolutions  were  adopted  at  this  meeting : 

“ Resolved , That  we  recommend  to  the  people  of  our  respective  States  that 
in  purchasing  stock  from  other  than  home  nurseries,  they  require  a certiticati 
of  inspection  from  such  nursery  specifying  that  such  stock  has  been  inspected 
by  an  official  inspector  or  has  been  grown  on  grounds  duly  inspected,  and  spec! 
tying  the  result  of  such  inspection. 

“ Resolved , That  we  indorse  the  call  of  the  Ohio  State  Horticultural  Society 
for  a national  convention  to  consider  and  recommend  the  most  appropriate  Fed 
eral  and  State  legislation  for  preventing  the  introduction  and  spread  of  noxiou: 
insects  and  fungi  in  the  United  States.” 

April  3,  1899,  the  following  circular  letter  was  issued  to  the  proper  officer 
in  the  States  of  Michigan,  Kentucky,  Missouri,  Ohio,  Indiana,  and  Iowa : 

“ The  recent  passage  by  the  State  legislatures  of  Indiana  and  Illinois  of  law 
requiring  inspection  of  nursery  stock  with  reference  to  injurious  insects  an< 
fungous  diseases  leads  me  to  suggest  the  desirability  of  a conference  amonj 
inspectors  of  a number  of  adjacent  States  with  a view  to  establishing  comrnoi 
methods,  discussing  objects  of  inspection,  forms  of  certificates,  and  other  mat 
ters  of  common  interest  on  which  it  would  be  well  to  have  an  exact  understand 
ing.  * * * I think  we  could  probably  bring  about  a meeting  in  Chicago  o 

representatives  of  these  States,  since  a similar  meeting  held  two  years  ag< 
seems  to  have  had  a good  deal  of  influence  in  securing  common  and  intelligen 
action  leading  to  the  establishment  of  inspection  laws  in  these  States. 

“ Very  truly  yours, 


S.  A.  Forbes.” 


Replies  being  generally  favorable,  a meeting  was  called  to  be  held  in  Chicago 
April  29.  At  this  conference  the  States  of  Wisconsin,  Iowa,  Indiana,  Ohio,  ant 
Illinois  were  represented  by  their  State  entomologists  or  others  charged  wit) 
the  duty  of  horticultural  inspection.  The  following  general  conclusions  wer 
unanimously  agreed  upon : 

“An  inspector’s  certificate  to  nurserymen  must  usually  be  based  upon  a gee 
eral  inspection  of  trees  still  standing  in  the  nursery  rows,  and  this  fact  shoul- 
be  shown  in  the  certificate.  Where  injurious  insects  or  fungous  disease  ai^ 
found  sufficient  to  make  a certificate  inadmissible,  but  are  capable  of  beinj 
suppressed  by  fumigation  or  other  procedure,  the  certificate  should  be  withhel 
until  such  steps  have  been  taken  as  to  satisfy  the  inspector  that  no  furthe 
danger  exists.  For  example,  if  dangerous  insects  are  found  upon  the  roots  oj 
nursery  stock,  no  certificate  should  be  issued  until  the  plants  have  been  fumij 
gated.  If  adjacent  grounds  are  infested  with  dangerous  insects  or  plant  di^ 
ease  so  near  the  nursery  premises  as  to  make  them  especially  subject  to  invasioj 
from  without,  fumigation  of  all  specially  exposed  nursery  stock  should  b| 
required  as  a condition  of  the  issuance  of  a certificate,  even  though  the  premise 
themselves  may  not  be  found  infested  at  the  time  of  inspection.  The  wor 
' dangerous  ’ used  in  connection  with  insects  and  plant  diseases  is  understoo 
to  mean,  in  this  connection,  dangerous  to  the  property  of  customers — likely  t 
be  transported  with  nursery  stock  to  the  injury  of  customers. 

“ It  should  be  the  policy  of  departments  of  inspection  to  encourage  an! 
stimulate  the  thorough  practice  of  fumigation  as  a substitute  for  inspectio 
whenever  practicable,  with  a view  to  hastening  the  time  when  a general 
requirement  may  be  established  for  the  fumigation  of  all  nursery  stock  beforl 
sale  and  delivery. 

“ Inspections  should  be  made  betweeVi  August  1 and  November  1,  and  certitj 
cates  should  expire  the  first  of  the  following  June.  If  nurserymen  desire  t 


PRELIMINARY  MEETINGS. 


203 


nake  shipments  between  June  1 and  August  1,  arrangements  must  be  made  by 
|;hem  for  special  inspections  during  this  period. 

“ The  following  was  adopted  as  the  general  form  of  the  certificate : 

*'  “ This  is  to  certify  that  the  nursery  premises  and  growing  stock  of  , 

r situated  in  , have  been  inspected  according  to  the  provisions  of  the  law 

)j[here  insert  title  of  act  under  which  inspections  are  made],  and  no  indications 
IjLiave  been  found  of  the  presence  of  the  San  Jose  scale  or  'Other  dangerous  Lor 
: dangerously  injurious]  insects  or  plant  disease.  This  certificate  is  invalid  after 
I June  1,  189 — . 

“ Date,  . 

I “ Each  inspector  should  prepare  a list  of  official  inspectors  of  other  States 
I and  Territories  whose  certificates  will  be  accepted  by  him  as  valid,  and  this 

I list  should  be  sent  by  each  inspector  to  all  nurserymen  within  his  own  State 
whose  premises  have  been  inspected  and  certified,  with  information  that  they 
will  be  at  liberty  to  attach  the  certificate  of  their  own  State  inspector  to  all 
nursery  stock  received  by  them  bearing  the  official  certificate  of  any  one  of  the 
inspectors  on  the  above-mentioned  list.  This  arrangement  is  supposed  to  relieve 
nurserymen  from  the  impracticable  requirement  of  sending  with  each  lot  of 
stock  disposed  of  a copy  of  each  original  certificate  which  this  stock  may  have 
iborne.  These  lists  of  accredited  inspectors  may  also  be  furnished  to  dealers 
in  nursery  stock  who  do  not  themselves  own  nursery  premises,  provided  the 
^State  inspector  is  satisfied  of  their  honesty  and  responsibility. 

“ The  presence  of  the  San  Jose  scale,  of  peach  yellows,  of  rosette,  and  of  the 
| black-knot  of  the  plum  should  be  regarded  in  all  cases  as  ground  for  withhold- 
ling  a certificate  until  premises  have  been  completely  freed  from  them.  The 
Bpresence  of  the  woolly  aphis,  of  the  oyster-shell  scale,  of  the  scurfy  scale,  of 
nnthracnose,  and  of  other  common  and  wide-spread  injurious  insects  and  diseases 
)ishould  not  be  regarded  as  a bar  to  a certificate  unless  they  are  exceptionally 
habundant,  so  as  to  affect  the  value  of  the  stock  and  to  render  likely  an  unusual 
■increase  or  more  general  introduction  of  these  insects  and  diseases,  provided 
Hsuch  infested  or  infected  nursery  stock  is  sold  and  shipped. 

}|  “ Inspections  should  include  not  only  the  nursery  stock  to  be  certified,  but  also 
ustock  left  over  from  previous  years,  old  trees,  and  the  like,  together  with  sur- 
rounding premises  in  general.” 

In  response  to  numerous  requests,  steps  were  taken  December  1,  1900,  toward 
still  another  conference,  in  consequence  especially  of  difficulties  and  inconsis- 
tencies in  administration  which  had  appeared,  some  of  them  threatening  trouble 
I between  the  responsible  officers  in  different  States.  “ For  example,  the  law  in 
one  State  requires  that  all  inspections  shall  be  finished  not  later  than  August  15, 
and  the  official  inspector  in  another  State  has  given  general  notice  that  any  cer- 
tificate dated  earlier  than  August  15  will  be  disregarded  in  his  State.” 

This  call  was  made  to  include  representatives  of  Kansas,  Colorado,  Tennes- 
see, Wisconsin,  Pennsylvania,  New  York,  Nebraska,  Michigan,  Kentucky,  and 
Iowa,  and  the  meeting  was  held  in  Chicago  January  4,  1901.  The  proceedings 
of  this  meeting  were  reported  by  circular  letter  distributed  January  14,  and 
were  as  follows : 

“At  a conference  of  horticultural  inspectors  of  the  States  of  New  York, 
Michigan,  Indiana,  Illinois,  Iowa,  Kentucky,  and  Tennessee  held  at  the  Palmer 
House,  Chicago,  January  4,  1901,  the  general  subject  of  the  methods  and  ob- 
jects of  nursery  inspection  was  broadly  discussed,  with  special  attention  to  cer- 
tain details  in  which  a comparison  of  views  was  thought  to  be  particularly 
desirable. 

“ 1.  Difficulties  having  been  made  by  certain  State  officials  with  respect  to 


204 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


the  acceptance  of  inspection  certificates  from  other  States,  this  subject  wa 
discussed  at  length,  and  the  opinion  was  unanimously  expressed  by  the  confel 
eDce  that  State  inspectors  should  accept  the  inspection  certificates  of  othc 
States  issued  by  authorities  legally  constituted  for  that  purpose,  as  prima  faci 
evidence  of  the  facts  therein  set  forth.  It  was  not  intended  by  this  statemei 
to  prevent  or  discourage  a supplementary  inspection  of  certified  stock  if,  in  til 
judgment  of  any  inspector,  special  conditions  might  make  this  necessary. 

“ 2.  On  comparison  of  the  practice  of  different  State  inspectors,  wide  diffei 
ences  were  found  in  the  time  during  which  nursery  inspections  are  made,  dr 
principally  to  differences  in  local  condition  or  business  methods  in  differei 
parts  of  the  country.  After  full  discussion  it  was  decided  that  the  period  c 
inspection  should  be  determined  in  each  State  at  the  discretion  of  the  inspector 
but  it  was  agreed  that  all  peach  stock  should  be  inspected  as  late  in  the  seaso 
as  practicable,  particularly  where  the  surroundings  were  such  as  to  cause  sus 
picion  of  the  occurrence  of  the  San  Jose  scale,  or  where  the  origin  of  the  bud 
was  either  suspicious  or  unknown.  In  such  cases,  if  the  nursery  was  inspec-te 
early  a late  supplemental  inspection  of  the  peach  stock  should  be  made. 

“ 3.  With  respect  to  a nursery  some  sections  of  the  stock  of  which  is  so  ii 
fested  or  infected  as  to  make  its  sale  objectionable,  but  not  in  a way  to  damag 
or  endanger  the  remainder  of  the  stock,  the  practice  adopted  in  Illinois  wa 
approved  and  recommended  to  all  inspectors.  Under  this  practice  a nurserj 
man,  some  of  whose  stock  is  infected,  for  example,  with  the  crown-gall,  th 
remainder  of  it  being  free,  is  given  a certificate  which  reads  as  follows : ‘ Thi 
is  to  certify  that  the  nursery  stock  which  bears  this  certificate,  grown  upon  tb 

nursery  premises  of  , situated  , has  been,’  etc.  This  certificate  i 

issued  with  the  limitation,  expressed  in  writing,  that  it  is  not  applicable  to  an 
of  the  stock  to  which  objection  is  made,  and  on  the  written  promise  of  the  nurs 
eryman  receiving  it  that  it  shall  not  be  so  applied. 

“ 4.  With  respect  to  a form  of  certificate  for  dealers  in  nursery  stock  who  d 
not  own  nursery  premises,  but  wish  a certificate  from  their  own  State  inspectc 
available  for  their  shipments,  the  Iowa  practice  was  approved,  under  which 
dealer’s  certificate  is  issued  as  follows : ‘ This  is  to  certify  that  the  nursery  stoc 

for  sale  by , of , has  been  inspected,’  etc.  Previous  to  issuing  sue 

a certificate  the  Iowa  inspector  requires  a statement  from  the  dealer,  certifie 
before  a notary,  showing  all  persons  from  whom  said  dealer  has  purchase 
stock,  and  containing  a promise  that  if  stock  is  afterwards  purchased  from  othej 
persons  than  those  on  this  certified  list  the  inspector  will  be  notified  forthwith 
and  opportunity  given  him  to  inspect  such  stock  before  sale,  if  so  desired. 

“5.  It  appeared,  upon  a comparison  of  the  laws  and  practices  of  differei 
States,  that  ornamental  trees,  shrubs,  and  vines  were  generally  included  in  ti 
inspection,  if  grown  for  sale,  and  that  strawberry  plants  were  also  inspected, 
held  for  sale,  in  New  York,  Kentucky,  Tennessee,  Iowa,  and  Michigan,  but  nc 
in  Indiana  and  Illinois.  In  States  having  a considerable  business  in  the  sale  cl 
cuttings  it  was  deemed  necessary  that  vineyards  from  which  such  cuttings  well 
sold  should  be  inspected  and  certified  as  nurseries. 

“ 6.  It  was  generally  agreed  with  respect  to  the  woolly  aphis  that  gradual! 
increasing  pressure  should  be  brought  to  bear  for  the  reduction  of  this  insect  i 
nurseries,  but  that  no  uniform  practice  could  be  established  because  of  wic: 
differences  in  its  abundance  in  different  States.  The  New  York  practice  of  r<fj 
quiring  the  rejection  and  destruction  of  trees  sufficiently  infested  to  show  knoi  i 
on  the  roots  was  commonly  approved.  It  was  also  thought  well  to  require  ill 
secticide  treatment,  with  kerosene  emulsion,  of  roots  of  nursery  trees  whiteneji 
by  this  insect.  A similar  policy  of  gradually  increasing  pressure  of  requir< 


PRELIMINARY  MEETINGS. 


205 


| lent  was  also  recommended  with  respect  to  the  scurfy  scale,  particularly  in 

I I hose  States  where  it  is  not  now  generally  and  uniformly  distributed.  It  was 
eld  at  present  to  be  unwise  to  require  the  destruction  of  trees  exposed  to  in- 
ection  with  crown-gall,  but  not  visibly  so  infected.  Trees  actually  bearing  this 
all,  either  at  the  crown  or  on  the  roots,  were  regarded  as  unmerchantable. 

| “ 7.  After  full  discussion  it  was  voted  unanimously  to  organize  as  a society 
f official  horticultural  inspectors,  membership  to  be  open  to  those  officially 
onnected  with  the  work  of  horticultural  inspection  in  the  various  States  of  the 
Jnion  and  in  Canada.  Prof.  S.  A.  Forbes,  of  Illinois,  was  elected  president 
or  one  year  and  until  the  next  regular  meeting  thereafter.  It  was  further 
toted  that  the  first  meeting  of  the  new  society  should  be  held  in  connection  with 
the  annual  convention  of  the  Association  of  Colleges  and  Experiment  Stations, 
Jo  which  time  the  society  adjourned.” 

i Following  upon  this  last  of  the  series  of  Chicago  meetings,  a call  was  issued 
|)ctober  28,  1901,  for  a more  general  meeting,  as  follows : 

“At  a meeting  of  official  horticultural  inspectors  of  several  States,  held  in 
Chicago,  January  4,  1901,  a permanent  organization  was  effected  and  steps  were 
},aken  preliminary  to  a general  conference  of  such  inspectors  for  the  United 
[states  and  Canada,  to  be  held  in  Washington  in  connection  with  the  meeting 
,;>f  the  American  Association  of  Agricultural  Colleges  and  Experiment  Stations. 
L “ The  undersigned,  as  chairman  of  the  Chicago  conference,  was  directed  to 
announce  this  meeting  in  due  time  and  to  act  as  an  executive  committee  in 
Jnaking  arrangements  for  it.  A preliminary  statement  to  the  above  effect  was 
;,ssued  January  24,  and  I have  now  to  add  that  a meeting  of  the  Society  of 
pfficial  Horticultural  Inspectors  will  be  held  at  the  Ebbitt  House,  in  Wash- 
ington, D.  C.,  commencing  at  7.30  p.  m.,  Monday,  November  11.  All  official 
nspectors  of  nurseries  and  other  horticultural  property  and  all  other  officers 
responsible  for  nursery  and  orchard  inspection  are  eligible  to  membership  in 
phis  society  and  are  cordially  invited  to  attend  this  conference. 

“ The  meeting  will  be  devoted  to  a discussion  of  matters  of  general  interest 
relating  to  the  inspection  of  nurseries  and  orchards  and  to  the  control  of  dan- 
gerous fungous  and  insect  pests,  including,  of  course,  the  San  Jose  scale.  No 
jformal  programme  will  be  prepared  in  advance,  and  any  member  of  the  con- 
ference should  feel  at  liberty  to  propose  for  discussion  any  subject  within 
these  very  general  limits.  Certain  topics  are,  however,  of  such  general  and 
considerable  importance  that  it  will  be  well  to  come  prepared  to  discuss  them, 
,and  I take  the  liberty  of  suggesting,  consequently,  the  following  list  as  per- 
tinent to  the  conference  proposed : 

“ 1.  Within  what  limits  of  time  may  nurseries  properly  be  inspected,  and 
what  period  should  the  annual  certificate  be  made  to  cover? 

“2.  What  should  be  the  usual  form  of  the  certificate? 

“ 3.  What  should  be  the  procedure,  or  form  of  certificate,  in  case  some  part 
of  a nursery  is  affected  by  a dangerous  fungous  or  insect  pest  not  of  a kind  to 
involve  other  parts  not  so  affected — if  crown-gall,  for  example,  occurs  on  cer- 
tain peach  stock,  no  other  varieties  of  trees  in  the  nursery  being  so  diseased? 

“ 4.  What  should  be  the  common  policy  of  State  inspectors  with  reference  to 
stock  officially  inspected  and  certified  in  other  States? 

“5.  How  wide  an  application  should  be  given  to  the  term  ‘nursery  stock?’ 
Should  it  include  herbaceous  plants  grown  out  of  doors?  Should  it  ever  cover 
greenhouse  stock? 

“ 6.  What  nursery  pests  should  be  regarded  as  dangerous  enough  to  influence 
or  prevent  the  granting  of  a certificate? 

“ 7.  May  provision  be  made  for  the  publication  of  a practical  article  on  the 


206  MEETINGS  OF  HORTICULTURAL  INSPECTORS. 

principal  nursery  pests  of  the  country,  available  for  all  horticultural  inspectors 
and  distributed  to  all  nurserymen  and  others  immediately  interested? 

“ 8.  What  measures  should  be  taken  by  horticultural  inspectors  for  the 
regulation  of  the  business  of  dealers  not  owners  of  nursery  premises  nor  grow- 
ing their  own  stock  for  sale? 

“ 9.  Is  National  legislation  covering  nursery  inspection  desirable  and  prac- 
ticable? 

“ 10.  What,  in  the  judgment  of  the  conference,  is  the  best  insecticide  pro- 
gramme for  orchards  infested  with  the  San  Jose  scale — first,  for  the  official 
entomologist  charged  with  the  destruction  of  the  scale ; second,  for  the  private 
owner  seeking  to  suppress  the  scale  or  to  keep  it  in  check? 

“ 11.  What  insects  or  fungous  pests  of  the  orchard  should  be  regarded  as 
sufficiently  dangerous  to  the  property  of  others  to  require  suppression  by 
individuals  in  the  general  interest? 

“ 12.  What  is  a sound  public  policy  with  respect  to  the  division  between  the 
State  and  the  property  owner  of  the  costs  of  a practical  operation  for  the 
control  of  horticultural  pests? 

“ Those  proposing  to  attend  this  conference  are  respectfully  requested  to 
send  notice  of  such  intention  to  the  undersigned  at  Urbana,  111.,  until  November 
8,  and  thereafter  to  the  Ebbitt  House,  Washington.  Special  suggestions  with 
regard  to  topics  for  discussion  will  also  be  very  welcome. 

“ S.  X Forbes.” 


First  Annual  Meeting. 

A general  meeting  of  the  American  Association  of  Horticultural  Inspectors 
for  the  United  States  and  Canada  was  called  to  order  at  the  Ebbitt  House, 
Washington,  D.  C.,  November  11,  1901,  at  7.30  p.  m.,  by  the  chairman,  Mr.  S.  A. 
Forbes,  of  Illinois.  Mr.  Fernald,  of  Massachusetts,  was  chosen  secretary. 

Those  present  during  the  sessions  were : 

Connecticut,  W.  E.  Britton ; Delaware,  W.  Webb ; Georgia,  W.  M.  Scott,  W. 
Fiske;  Illinois,  S.  A.  Forbes;  Indiana,  J.  Troop;  Iowa,  H.  E.  Summers;  Mary- 
land, A.  L.  Quaintance,  J.  B.  S.  Norton,  Professor  Blodgett ; Massachusetts, 
H.  T.  Fernald ; Missouri,  J.  M.  Stedman ; New  Jersey,  J.  B.  Smith ; New  York, 
G.  A.  Atwood ; North  Carolina,  F.  Sherman ; Ohio,  F.  M.  Webster ; Pennsylva- 
nia, J.  Hamilton,  E.  B.  Engle ; Virginia,  W.  B.  Alwood,  J.  L.  Phillips ; Wiscon- 
sin, W.  A.  Henry.  W.  G.  Johnson  and  E.  D.  Sanderson  were  also  present  at  a 
part  of  the  meetings  as  visitors. 

On  the  motion  of  Mr.  Alwood,  of  Virginia,  it  was  voted  that  a committee  of 
three  be  appointed  by  the  chair  to  report  as  soon  as  possible  on  the  advisa- 
bility of  forming  a permanent  organization.  The  president  appointed  Messrs. 
Smith,  Webster,  and  Summers. 

On  the  motion  of  Mr.  Smith,  of  New  Jersey,  the  question,  “ Within  what 
limits  of  time  may  nurseries  properly  be  inspected,  and  what  period  should  the 
annual  certificate  be  made  to  cover?”  was  taken  up.  After  much  discussion  it 
was  voted,  on  the  motion  of  Mr.  Smith,  of  New  Jersey,  that  the  resolution 
adopted  by  the  meeting  of  horticultural  inspectors  in  Chicago  on  January  4, 
1901,  bearing  on  this  point  be  adopted  by  the  society,  as  follows : That  the 
period  of  inspection  should  be  determined  in  each  State  at  the  discretion  of  the 
inspector,  but  it  was  agreed  that  all  peach  stock  should  be  inspected  as  late  in 
the  season  as  practicable,  particularly  where  the  surroundings  were  such  as  to 
cause  suspicion  of  the  occurrence  of  the  San  Jose  scale,  or  where  the  origin  of 
the  buds  was  either  suspicious  or  unknown.  In  such  cases,  if  the  nursery  was 


FIRST  ANNUAL  MEETING. 


207 


uspected  early,  a late  supplemental  inspection  of  the  peach  stock  should  be 
iiade. 

On  the  motion  of  Mr.  Alwood,  of  Virginia,  it  was  voted  to  be  the  sense  of  this 
onference  that  a certificate  ought  not  to  extend  beyond  the  commencement  of 
he  breeding  period  of  the  San  Jose  scale.  On  the  motion  of  Mr.  Webster,  of 
)hio,  the  question  was  taken  up  and  discussed  and  was  still  under  consideration 
vhen  the  meeting  adjourned  till  November  12  at  9 a.  m. 

November  12 — 9 a.  m.  The  meeting  was  called  to  order  by  the  chairman. 
Che  reading  of  the  minutes  was  omitted.  Mr.  Hamilton,  of  Pennsylvania,  of- 
ered  the  following  resolution,  which  was  adopted : 

“ Resolved , That  in  order  to  arrive  at  a common  understanding  as  to  the  best 
nsecticides  to  use  for  the  destruction  of  the  San  Jose  scale  in  the  orchards  and 
mrseries  of  this  country,  and  in  order  to  secure  definite  directions  for  their 
ipplication,  a committee  consisting  of  Messrs.  Smith,  of  New  Jersey ; Webster, 
)f  Ohio  ; Fernald,  of  Massachusetts ; Alwood,  of  Virginia,  and  Atwood,  of  New 
fork,  is  hereby  appointed  to  prepare  a recommendation  to  be  submitted  to  this 
issociation  for  its  consideration.” 

On  the  motion  of  Mr.  Fernald,  of  Massachusetts,  the  question,  “ What  nursery 
)ests  should  be  regarded  as  dangerous  enough  to  influence  or  prevent  the  grant- 
ng  of  a certificate?”  was  taken  up.  After  considerable  discussion  it  was 
rnted,  on  the  motion  of  Mr.  Alwood,  of  Virginia,  “ that  each  official  inspector 
submit  a list  of  those  insects  and  diseases  which  he  thinks  should  always 
lar  nursery  stock  from  receiving  an  official  certificate  and  a secondary  list  of 
nsects  and  diseases  of  less  importance,  with  terse  statements  of  how  he  deals 
vith  them.” 

It  was  voted,  on  the  motion  of  Mr.  Alwood,  of  Virginia,  that  when  this  meet- 
ng  adjourns  it  adjourn  to  meet  in  joint  session  with  the  entomological  section 
)f  the  general  association  at  2 o’clock  this  afternoon  and  that  a further  session 
je  held  at  7 p.  m. 

The  question  of  the  legal  right  of  inspectors  to  enter  private  property  and 
inforce  treatment  against  the  wishes  of  the  owners  was  then  discussed. 

The  tendency  of  the  discussion — participated  in  by  Messrs.  Atwood,  of  New 
fork  ; Smith,  of  New  Jersey ; Alwood,  of  Virginia,  and  Hamilton,  of  Pennsyl- 
vania— was  to  the  conclusion  that  in  those  States  at  least  it  would  be  illegal 
to  force  entry  and  destroy  property  without  due  process  of  law ; any  law  giv- 
ing such  power  to  any  individual  would  be  unconstitutional.  The  topic  “ What 
should  be  the  common  policy  of  State  inspectors  with  reference  to  stock  offi- 
cially inspected  and  certified  in  other  States?  ” was  taken  up  and  was  under 
liscussion  when  the  association  adjourned. 

November  12 — 7.15  p.  m.  Meeting  called  to  order  by  the  chairman.  Com- 
mittee on  advisability  of  permanent  organization  reported  a recommendation 
that  a permanent  organization  be  not  formed,  but  that  another  meeting  be  held 
in  connection  with  the  next  meeting  of  the  American  Association  of  Agricultural 
Colleges  and  Experiment  Stations,  and  this  report  was  adopted. 

On  the  motion  of  Mr.  Summers,  of  Iowa,  it  was  voted  that  when  this  meeting 
adjourns  it  adjourn  till  9 a.  m.  November  13,  and  that  the  first  order  of  business 
be  the  selection  of  a chairman  for  the  next  year.  The  report  of  the  committee 
on  the  resolution  offered  by  Mr.  Hamilton,  of  Pennsylvania,  was  made  as  fol- 
lows : 

“ The  committee,  after  due  consideration,  finds  itself  able  to  agree  upon  the 
following  recommendations  for  treatment: 

“1.  For  nurseries:  Proper  fumigation  with  hydrocyanic-acid  gas  after 
inspection. 


208 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


“ 2.  For  orchards : Late  summer  and  fall  treatment  with  dilute  solutions  o: 
insecticide  soaps,  oils,  or  other  effective  insecticides  to  kill  young  scales 
winter  treatment  with  insecticide  soaps  or  oils  sufficiently  strong  to  kill  th< 
scale  and  which  have  been  proved  safe  to  trees  of  all  kinds  in  the  region  wher< 
the  application  is  to  be  made.” 

The  report  of  the  committee  was  adopted. 

Further  discussion  of  the  fourth  topic  (common  policy  of  State  inspectors^ 
was  laid  upon  the  table  till  the  next  session. 

On  the  motion  of  Mr.  Smith,  of  New  Jersey,  the  topic  “ What  should  be  thi 
procedure,  or  form  of  certificate,  in  case  some  part  of  a nursery  is  affected  b: 
a dangerous  fungus  or  insect  pest  not  of  a kind  to  involve  other  parts  not  s< 
affected?  ” was  taken  up  for  consideration.  It  was  voted,  on  the  motion  of  Mr 
Summers,  of  Iowa,  that  it  is  the  sense  of  this  body  that  but  one  form  of  cer 
tificate  be  used  as  a rule,  so  worded  as  to  be  applicable  to  stock  sold  from  nurs 
cries  after  some  portions  have  been  thrown  out  as  not  included  in  the  certifi 
cate.  The  topic  “ What  should  be  the  usual  form  of  the  certificate?  ” was  thei 
considered  at  length.  On  the  motion  of  Mr.  Smith,  of  New  Jersey,  it  was  vote< 
that  it  is  the  sense  of  this  meeting  that  every  certificate  should  specify  th 
date  of  the  completion  of  the  inspection.  On  the  motion  of  Mr.  Summers,  i 
was  voted  that  it  is  the  sense  of  this  meeting  that  the  certificate  should  b 
worded  in  the  impersonal  form.  On  the  motion  of  Mr.  Smith,  of  New  Jersey 
it  was  voted  as  the  sense  of  the  meeting  that  no  insect  or  fungus  should  b 
specifically  named  in  the  certificate,  but  that  that  portion  should  read  “ fre 
from  dangerously  injurious  insects  and  diseases,”  etc. 

The  secretary  stated  that  he  would  prepare  and  send  copies  of  the  record  o 
these  meetings  to  all  of  those  present  who  desired  to  receive  them. 

The  meeting  then  adjourned. 

November  13. — 9 a.  m.  The  meeting  was  called  to  order  by  the  chairman 
The  minutes  of  the  previous  meeting  were  read,  corrected,  and  approved. 

On  the  motion  of  Mr.  Summers,  of  Iowa,  Dr.  S.  A.  Forbes,  of  Illinois,  wa 
unanimously  chosen  as  chairman  of  this  body  for  the  next  meeting,  to  be  hel< 
in  the  fall  of  1902. 

The  topic,  “ Is  national  legislation  covering  nursery  inspection  desirable  an< 
practicable?”  was  then  discussed.  On  the  motion  of  Mr.  Alwood,  of  Virginia 
it  was — 

“Resolved,  That  it  is  the  sense  of  this  body  that  the  bill  providing  for  na 
tional  control  of  interstate  commerce  in  nursery  stock  which  has  been  fre 
quently  indorsed  by  entomologists,  nurserymen,  and  orchardists  and  favorabl: 
reported  in  both  branches  of  Congress,  should  be  enacted  into  a law.” 

“ May  provision  be  made  for  the  publication  of  a practical  article  on  the  prin 
cipal  nursery  pests  of  the  country,  available  for  all  horticultural  inspector 
and  distributed  to  all  nurserymen  and  others  immediately  interested?  ” wa 
next  taken  up.  It  was  voted,  on  the  motion  of  Mr.  Smith,  of  New  Jersey,  tha 
the  United  States  Department  of  Agriculture  be  asked  to  publish  such  a docu 
ment. 

The  topic,  “ How  wide  an  application  should  be  given  to  the  term  ‘ nurser; 
stock ; ’ should  it  include  herbaceous  plants  grown  out  of  doors ; should  i 
ever  cover  greenhouse  stock?  ” was  next  considered.  On  the  motion  of  Mr.  Sum 
mers,  of  Iowa,  it  was  voted  that  it  is  the  sense  of  this  body  that  strawberr; 
plants  should  be  regarded  as  nursery  stock  and  included.  It  was  also  vote< 
that  grape  cuttings  be  included  as  a part  of  stock  necessary  to  inspect. 

On  the  motion  of  Mr.  Scott,  of  Georgia,  it  was  voted  that  general  ornamental' 
stock  grown  out  of  doors  be  included  in  all  inspections.  The  topic,  “ What  meas 
ures  should  be  taken  by  horticultural  inspectors  for  the  regulation  of  the  busi 


SECOND  ANNUAL  MEETING. 


209 


2SS  of  dealers,  not  owners  of  nursery  premises  nor  growing  their  own  stock 
,r  sale?”  was  then  discussed  and  the  present  practice  in  a number  of  States 
as  explained,  but  no  action  was  taken  on  the  matter. 

It  was  voted,  on  the  motion  of  Mr.  Scott,  of  Georgia,  that  when  the  meeting 
Ijourns  it  adjourns  to  meet  not  as  horticultural  inspectors,  but  with  the  ento- 
ological  division  of  the  American  Association  of  Agricultural  Colleges  and 
xperiment  Stations. 

The  topic,  “ What  is  a sound  public  policy  with  respect  to  the  division  between 
le  State  and  the  property  owner  of  the  costs  of  a practical  operation  for  the 
>ntrol  of  horticultural  pests?”  was  then  discussed.  On  the  motion  of  Mr.  Scott, 
: Georgia,  it  was  voted  that  it  is  the  sense  of  this  body  that  in  all  cases  when 
le  State  makes  any  provision  for  the  inspection  of  nurseries  these  inspections 
iould  be  conducted  absolutely  without  cost  to  the  nurserymen. 

The  meeting  then  adjourned. 


The  opening  session  was  called  to  order  in  the  Kimball  House,  October  6, 
102,  at  7.30  p.  m.,  by  the  chairman,  Mr.  S.  A.  Forbes,  of  Illinois.  Mr.  Scott, 
E Georgia,  was  chosen  secretary  for  the  Atlanta  meeting. 

The  following  inspectors  and  entomologists  were  present  at  the  meeting: 
Florida,  H.  A.  Gossard ; Georgia,  W.  M.  Scott,  W.  F.  Fiske,  and  J.  C.  Brid- 
ell ; Illinois,  S.  A.  Forbes;  Massachusetts,  H.  T.  Fernald;  New  Jersey,  John  B. 
mith ; New  York,  M.  V.  Slingerland  and  V.  H.  Lowe ; Ohio,  A.  F.  Burgess ; 
ennsylvania,  John  Hamilton,  George  C.  Butz,  and  E.  B.  Engle ; South  Carolina, 
harles  E.  Chambliss ; Virginia,  J.  L.  Phillips. 

On  motion  of  Mr.  Gossard,  it  was  voted  to  take  up  the  topics  suggested  by 
le  chairman  in  the  order  given. 

The  chairman  suggested  the  advisability  of  a committee  to  formulate  con- 
tusions from  the  discussions,  whereupon  Mr.  Smith  suggested  that  the  sec- 
tary or  a member  could  perform  this  office  by  offering  a resolution  at  the 
mclusion  of  the  discussions  upon  each  topic.  The  latter  plan  was  adopted. 

On  motion  of  Mr.  Smith  it  was  voted  to  have  a morning  session  the  following 
ay  (October  7)  as  horticultural  inspectors  and  in  the  afternoon  of  that  day 
J)  meet  as  entomologists  with  the  section  on  entomology,  American  Association 
gricultural  Colleges  and  Experiment  Stations,  under  the  officers  of  that 


, x^e  first  topic  on  the  list — “ Interstate  comity  with  respect  to  the  certifica- 
0.  on  of  nurseries  ” — was  then  taken  up.  The  discussion  of  this  topic  was 
participated  in  by  Messrs.  Forbes,  Smith,  Burgess,  Hamilton,  Gossard,  Fernald, 
jhillips,  and  Scott.  The  tendency  of  the  discussion  is  expressed  in  the  follow- 
Jig  resolution  by  Mr.  Smith,  which  was  adopted  without  a dissenting  vote : 

' “ Resolved , That  the  examining  or  certifying  officer  of  each  State  accept  at  its 
ice  value  the  statements  made  in  certificates  duly  granted  under  the  laws  of 
j ther  States,  so  far  as  the  laws  of  his  own  State  admit,  unless  information  at 
j,  and  creates  a reasonable  doubt  as  to  the  regularity  of  the  certificate  or  its 
J pplication.” 

rT  Topic  2 — “ Exchange  of  communications  with  reference  to  receipt  of  diseased 
^ ursery  stock  originating  in  other  States.”  The  discussion  of  this  topic  was 
rief,  as  all  present  appeared  to  be  of  the  same  mind,  viz : 

That  the  inspectors  of  the  several  States  should  freely  and  frankly  exchange 


Second  Annual  Meeting. 


:al, 

is- 

si- 


7418— No.  61  m — -14 


210 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


communications  with  regard  to  nursery  infestation,  and  that  each  should  noti 
every  other  of  such  cases  of  infestation  and  attempts  at  evasion  of  the  laws 
might  from  time  to  time  come  to  his  notice.” — Resolution  by  the  secretary  unai 
mously  adopted.  The  session  then  adjourned  until  morning. 

I October  7 — 9 a.  m. — The  meeting  was  called  to  order  by  the  chairman,  and  t 
third  topic  was  discussed. 

| Topic  3 — “ Interstate  cooperation  for  the  control  of  horticultural  pests  who 
area  of  distribution  extends  across  State  lines.”  In  the  discussion  of  tt 
topic  several  cases  were  cited  in  which  it  was  shown  that  cooperation  was  n€ 
essary  to  produce  the  desired  results.  This  question  was  disposed  of  by  t 
adoption  of  the  following  resolution  offered  by  Mr.  Fernald : 

|.  “ Resolved,  That  interstate  cooperation  for  the  control  of  horticultural  peg 

whose  area  of  distribution  extends  across  State  lines  is  most  desirable  ai 
should  be  as  complete  as  the  laws  of  the  States  concerned  will  permit,  and  th 
in  the  treatment  of  any  particular  pest  preference  should  be  given  to  such  cases 
| Topic  4 — “ Is  it  desirable  that  nurserymen  should  pay  any  part,  or  all,  of  t 
expenses  of  nursery  inspection  required  by  law,  either  directly  or  as  a fee  for 
certificate?  ” Mr.  Smith  and  others  thought  that  nurserymen  should  not  pay 
fee  for  or  bear  the  expense  of  the  ordinary  inspection,  but  in  cases  where  ext 
inspections  were  made  for  the  special  benefit  of  the  owner  he  should  pay  the  e 
pense  thereof.  Mr.  Fernald  agreed,  but  thought  that  the  nurserymen  should 
required  to  take  out  a license  at  a small  fee  as  a matter  of  record  in  the  offi 
of  the  inspector.  Mr.  Butz  thought  it  advisable  to  charge  a small  fee  for  tr 
to  tree  examinations  in  cases  of  infestation,  if  the  owner  of  the  infested  nurse 
desired  it.  Mr.  Smith’s  plan  was  to  advise  the  owner  to  clean  up  his  nurse 
before  the  inspection  is  made.  Mr.  Hamilton  thought  that  in  justice  to  t 
nurserymen  no  charge  should  be  made  for  the  inspection.  Mr.  Burgess  thoug 
it  inconsistent  to  make  free  inspections  of  nursery  stock  and  charge  fees  for  t 
inspection  of  other  commodities,  such  as  oil  and  fertilizers. 

The  discussion  was  concluded  by  the  adoption  of  the  following  resolution 
Mr.  Smith : 

“ Resolved , That  it  is  the  sense  of  this  body  that  the  nurserymen  should  not 
required  to  pay  the  expense  of  the  ordinary  inspection  of  nursery  stock.” 
i Topic  5 — “ Is  it  desirable  that  the  entire  cost  of  insecticide  or  fungici 
measures  required  by  law  should  be  borne  by  the  owner  of  the  affected  prc 
erty?”  In  the  discussion  of  this  topic  the  consensus  of  opinion  was  that  t 
State  should  not  bear  the  cost  of  the  treatment  of  private  premises,  and  the  f 
lowing  resolution  by  the  secretary  was  adopted : 

“ Resolved,  That  the  entire  cost  of  insecticide  or  fungicide  measures  requir 
by  law  should  be  borne  by  the  owner  of  the  affected  property.” 

Topic  6 was  passed  over  for  later  consideration. 

Topic  7 — v Lists,  reported  by  members,  of  nursery  pests  in  their  States  who 
continued  presence  will  prevent  the  certification  of  a nursery.”  Mr.  Smitl 
practice  in  New  Jersey  was  to  withhold  certificate  from  nurserymen  whc 
premises  were  found  infested  with  San  Jose  scale,  at  least  until  all  infestati 
was  eliminated.  Stock  actually  infested  with  black  knot  was  not  certify 
Yellows  could  not  be  detected  on  nursery  stock  and  was  hardly  considered  as 
factor  in  the  inspection.  Crown  gall  was  inspected  for,  so  far  as  possible,  afli 
the  stock  was  dug  and  visibly  diseased  plants  discarded.  Woolly  aphis — baci 
infested  stock  was  destroyed.  The  occurrence  of  Aspidiotus  ancylus,  A.  forbei 
and  Chionaspis  furfurus  would  not  bar  the  stock.  The  occurrence  of  any  sc* 
insect  on  imported  stock  would  prevent  certification,  and  the  presence  of  Diasm 
pyricola  especially  would  act  as  a bar. 


SECOND  ANNUAL  MEETING. 


211 


The  session  then  adjourned  to  meet  as  entomologists  with  the  Entomological 
,ection  of  Jie  American  Association  of  Agricultural  Colleges  and  Experiment 
Nations  at  2 p.  m. 

October  7 — 8 p.  m.  The  meeting  was  again  called  to  order  by  the  chairman 
nd  the  discussion  of  topic  7 continued. 

Mr.  Fernald  reported  that  in  Massachusetts  no  certificate  would  be  granted 
jo  long  as  the  San  Jose  scale,  Diaspis  pentagona,  Aspidiotus,  ostreceformis, 
ypsy  month,  brown-tail  moth,  yellows,  rosette,  or  black  knot  is  found  infest- 
ng  the  stock.  Crown  gall,  he  stated,  had  not  so  far  been  found  in  Massa- 
husetts. 

Mr.  Gossard  reported  that  it  was  his  practice  in  Florida  to  withhold  certifi- 
ate  from  the  owner  of  premises  infested  with  San  Jose  scale  until  the  proper 
teps  had  been  taken  to  get  rid  of  the  pest  by  fumigation  or  otherwise.  Diaspis 
entagona  occurred  in  the  State,  but  so  far  had  not  been  found  in  the  nurseries, 
fitrus  plants  are  commonly  infested  with  various  scale  insects,  but  no  definite 
ction  had  yet  been  taken  with  respect  to  such  cases.  White  fly  was  generally 
istributed  as  to  render  restrictive  measures  against  it  impracticable,  but  treat- 
ment was  recommended. 

In  case  of  crown  gall  the  owners  were  instructed  to  destroy  all  affected  plants, 
nd  root-knot  infestation  was  also  rejected. 

Mr.  Hamilton  stated  that  the  prevailing  rule  in  Pennsylvania  was  to  grant 

certificate  when  the  nursery  was  found  apparently  free  from  San  Jose  scale, 
nd  to  withhold  the  same  when  this  pest  was  found.  Mr.  Butz,  of  the  same 
itate,  explained  further  that  in  cases  of  crown  gall,  woolly  aphis,  and  some 
ther  of  the  more  injurious  pests  the  nurserymen  were  requested  to  discard 
adly  affected  stock. 

Mr.  Burgess  reported  that  in  Ohio  the  presence  in  a nursery  of  the  San  Jose 
cale,  black  knot,  or  peach  yellows  was  sufficient  ground  for  withholding  cer- 
ificate,  and  that  plants  infested  with  woolly  aphis  or  affected  with  crown  gall 
/ere  caused  to  be  destroyed.  He  stated  that  the  oyster-shell  scale  was  doing 
onsiderable  damage  in  Ohio,  and  so  far  as  practicable  its  dissemination  on 
ursery  stock  was  prevented. 

Mr.  Phillips  reported  that  the  practice  in  Virginia  was  to  withhold  certificate 
|rom  nurseries  in  which  San  Jose  scale,  black  knot,  or  peach  yellows  was  found 
ntil  the  trouble  was  effectually  eliminated.  Peach  yellows  had  not  so  far  been 
,ound  in  the  nurseries,  but  diseased  orchard  trees  in  the  neighborhood  of  a 
iursery  were  caused  to  be  destroyed  before  a certificate  was  granted.  The 
,ame  was  true  of  black  knot.  He  stated  further  that  severe  cases  of  crown 
all,  woolly  aphis,  and  pear  blight  were  not  admitted  under  certificate.  Plants 
ctually  showing  the  presence  of  such  pests  were  rejected. 

> Mr.  Forbes  required  the  Illinois  inspectors  to  send  in  a statement  of  every 
best  found  in  the  nursery,  and  before  a certificate  was  granted  he  required 
[he  elimination  of  the  San  Jose  scale  and  black  knot.  Precautions  were  taken 
,o  avoid  sending  out  borers,  woolly  aphis,  crown  gall,  and  pear  blight.  Plants 
;nfested  with  woolly  aphis  to  the  extent  of  causing  warty  formations  on  the 
,oots  were  discarded,  and  so  also  were  plants  visibly  affected  with  crown  gall. 
Irown  gall  was  common  on  apple  in  Illinois,  but  was  not  found  on  peach. 
Noticeable  infestation  of  the  scurfy  scale  and  bad  cases  of  oyster-shell  scale 
/ere  rejected. 

Mr.  Engle,  of  Pennsylvania,  suggested  that  in  these  discussions  one  important 
nsect — the  black  peach  aphis — had  been  overlooked,  and  that,  in  his  opinion, 
ill  inspectors  should  rule  against  this  pest. 

Mr.  Scott  stated  that  in  Georgia  the  presence  of  the  San  Jose  scale,  Diaspis 

wntagona,  black  knot,  or  rosette  would  prevent  the  certification  of  a nursery ; 


212 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


that  stock  seriously  affected  with  crown  gall,  root  knot,  or  woolly  aphis  wai 
not  allowed  to  be  sent  out  under  certificate,  and  that  stock  infested  with  thi 
cherry  scale,  scurfy  scale,  or  oyster-shell  scale  was  caused  to  be  properly  treated 
before  it  was  sent  out  It  had  been  his  practice  in  suspicious  cases  to  have  th< 
stock  inspected  on  the  heeling  grounds  for  crown  gall,  woolly  aphis,  and  seal 
insects. 

Referring  to  the  statement  by  Mr.  Forbes  that  in  Illinois  crown  gall  wa 
found  only  on  apple,  Mr.  Phillips  stated  that  the  same  was  true  in  Virginia 
Mr.  Scott  stated  that  in  Georgia  this  disease  was  equally  common  on  peacl 
and  apple,  while  Mr.  Smith’s  observation  was  that  in  New  Jersey  it  was  con 
fined  entirely  to  the  peach,  and  Mr.  Gossard  stated  that  the  same  was  true  fo 
Florida. 

The  discussion  of  this  topic  being  concluded,  Mr.  Smith  moved  that  th 
chairman  appoint  a committee  of  three,  including  himself,  to  whom  shall  b 
intrusted  the  duty  of  comparing  all  existing  laws  concerning  insect  contrc 
in  nursery  or  orchard,  who  shall  suggest  points  to  be  covered  in  State  legish 
tion,  and  who  shall  formulate  suggestively  uniform  State  and  Federal  legis 
lation  to  regulate  nursery  inspection,  interstate  traffic,  and  orchard  contro 
Report  to  be  made  at  the  next  meeting  of  this  body. 

At  the  suggestion  of  Mr.  Fernald  the  motion  was  so  amended  as  to  couple  th 
word  “ disease  ” with  that  of  “ insect.”  The  motion  was  then  adopted  a 
amended. 

Topic  9. — “A  statement  by  each  member  of  the  procedure  taken  in  his  Stat 
in  cases  of  nursery  infestation  with  scale  or  other  dangerous  pests.”  Mr.  Sco" 
stated  that  the  Georgia  law  prohibited  the  certification  of  a nursery  when  an 
portion  of  it  was  found  infested  with  San  Jose  scale  or  like  pests,  and  that  t 
had  disposed  of  such  cases  according  to  the  individuality  of  the  nurseryma 
as  well  as  the  circumstances  attending  the  case,  in  the  following  manner: 

Case  1. — A portion  of  a large  nursery  was  found  infested  with  San  Jose  seal 
and,  as  agreed  to  by  the  owner,  its  customers  were  notified  of  the  exact  cond 
tions,  with  assurance  that  the  stock  actually  infested  would  be  burned  and  tt 
remainder  fumigated  under  supervision.  To  the  surprise  of  both  the  owner  an 
himself  not  a single  order  was  countermanded,  and  practically  the  entire  stoc 
was  disposed  of  at  the  customary  prices. 

Case  2.— Upon  the  inspection  of  a certain  nursery  a single  specimen  of  Sa 
Jose  scale  was  found  upon  a plum  leaf,  and  in  spite  of  a most  careful  examin; 
tion  no  further  infestation  could  be  found  at  that  time.  A second  inspection  { 
the  heeling  grounds  revealed  a slight  infestation  of  a dozen  or  more  tree 
which  were  thrown  out.  The  owner  would  not  agree  to  the  notification  of  h 
customers  as  in  case  1,  and  a certificate  to  cover  the  contents  of  each  box  wi 
issued  after  a list  to  whom  the  stock  was  intended  to  be  shipped  was  furnishe 
Other  cases  were  treated  similarly. 

Case  3—  In  this  case  the  nursery  was  located  in  a section  where  practical 
all  the  orchards  were  infested,  and  the  fruit  interest  was  sufficiently  great 
demand  all  the  stock  grown  in  this  nursery.  The  certificate  issued  set  forth  tl 
facts,  viz,  that  San  Jose  scale  was  found  in  a portion  of  the  nursery  and  th; 
the  proper  steps  had  been  taken  to  eliminate  it.  Under  this  certificate  all  tl 
stock  (except  apples,  which  they  made  no  attempt  to  sell)  was  disposed  of 
market  prices. 

In  Pennsylvania  Mr.  Hamilton  required  under  affidavit  the  attachment  of* 
statement  of  fumigation  to  each  shipment. 

In  Florida  Mr.  Gossard  requires  a thorough  cleaning  up  by  destruction  f 
trees  actually  Infested  and  the  fumigation  of  the  remainder. 


SECOND  ANNUAL  MEETING. 


213 


In  Illinois  Mr.  Forbes  did  not  require  the  fumigation  of  the  entire  stock  when 
scale  was  found  in  an  isolated  portion  of  the  nursery  unless  the  indications 
were  that  there  had  been  a general  spread  of  the  scale.  However,  fumigation 
was  required  for  the  infested  portions  or  for  the  entire  stock  when  the  infesta- 
tion was  general. 

In  New  Jersey  Mr.  Smith  required  the  fumigation  of  the  entire  stock  when 
scale  was  found  in  the  nursery,  but  under  no  circumstances  did  he  allow  ship- 
ments of  stock  from  infested  nurseries  to  go  outside  the  State.  However,  he 
Sid  not  restrict  the  sale  of  such  stock  within  the  State. 

In  Ohio  Mr.  Burgess  destroyed  all  infested  stock  and  requires  the  fumigation 
of  such  as  is  dangerously  near. 

In  Massachusetts  Mr.  Fernald  gave  the  owner  the  option  of  fumigating  or 
destroying  the  infested  stock  and  in  cases  of  general  infestation  a fumigation 
affidavit  was  required. 

Mr.  Fernald  then  offered  the  following  resolution : 

“ Resolved,  That  in  the  opinion  of  this  meeting  nursery  stock  fumigated 
according  to  accepted  requirements  should  be  considered  as  satisfactory  as 
stock  sold  under  certificates  of  inspection  only.” 

Mr.  Phillips  thought  that  the  adoption  of  this  resolution  might  give  fumiga- 
tion a stronger  indorsement  than  it  deserved  unless  it  was  intended  that  inspec- 
tion should  always  be  coupled  with  it.  He  related  an  instance  in  which  a bundle 
of  infested  stock  was  placed  at  the  back  end  of  a fumigating  house  opposite  the 
point  where  the  gas  was  generated.  The  house  was  then  filled  and  charged, 
with  the  result  that  the  scales  came  through  unharmed.  Mr.  Scott  wished  to 
know  if  the  resolution  carried  the  meaning  that  fumigation  should  take  the 
place  of  inspection.  Mr.  Hamilton  and  Mr.  Fernald  explained  that  the  resolu- 
tion was  not  to  be  so  construed.  After  very  little  further  discussion  the  resolu- 
tion was  adopted  without  a dissenting  vote,  and  the  session  then  adjourned  to 
reassemble  immediately  after  the  adjournment  of  the  section  on  entomology  of 
the  American  Association  of  Agricultural  Colleges  and  Experiment  Stations  on 
the  8th. 

October  8 — 12  m.  After  calling  the  meeting  to  order  the  chairman  asked 
if  it  were  desirable  to  continue  the  organization,  whereupon  Mr.  Smith  stated 
that  in  his  opinion  no  organization  of  entomologists  was  accomplishing  so  much 
as  this  one  and  that  the  work  had  only  begun.  He  moved  that  the  association 
meet  next  year  at  the  same  time  and  place  as  the  American  Association  of 
Agricultural  Colleges  and  Experiment  Stations.  The  motion  was  carried  and 
sMr.  Fernald  nominated  Mr.  Forbes  chairman  for  next  year.  Mr.  Forbes  was 
unanimously  reelected.  He  accepted  on  condition  that  a vice-chairman  be 
elected,  so  that  in  case  of  his  enforced  absence  from  the  meeting  the  chair  would 
be  filled.  Mr.  Smith  was  put  in  nomination  and  elected  vice-chairman. 

: The  chairman  then  read  a letter  from  Mr.  Atwood,  of  New  York,  giving  a 
Ijstatement  of  the  practices  in  that  State  with  reference  to  the  topics  under  dis- 
cussion at  this  meeting. 

it  Topic  8 — “ Statements  by  members  of  their  recent  experience  and  observations 
ajwith  respect  to  the  relative  practical  values  of  insecticides  for  the  San  Jose 
ijscale.”  This  topic  was  treated  by  Mr.  Smith  in  a paper  before  the  section  on 
a entomology,  the  discussion  of  which  was  continued  by  the  horticultural  inspect- 
ors after  the  adjournment  of  that  section. 

j Mr.  Fernald  then  reported  upon  some  experiments  which  he  recently  made  in 
(Massachusetts  and  which  represented  the  most  extensive  work  against  the  San 
oiJose  scale  ever  done  in  New  England.  The  discussions  were  participated  in 
by  nearly  every  one  present,  were  quite  lengthy,  and  tended  to  show  that  the 


214 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


petroleum  oils,  whale-oil  soup,  and  lime-salt-sulphur  wash  constituted  the  stand- 
ard remedies  for  the  San  Jose  scale  in  orchards. 

The  meeting  then  adjourned. 

Third  Annual  Meeting. 

u 

The  association  met  at  9 a.  m.,  Tuesday,  November  17,  1903,  at  the  Shoreham.  ,r. 
In  the  absence  of  the  chairman,  Prof.  S.  A.  Forbes,  the  body  was  called  to  order  T 
by  the  vice-chairman,  Dr.  J.  B.  Smith,  of  New  Jersey.  J.  B.  S.  Norton,  of 
Maryland,  was  elected  secretary. 

The  following  inspectors  and  entomologists  were  in  attendance  at  the  meet-  I 
ing:  R.  S.  Mackintosh,  Alabama;  W.  E.  Britton,  Connecticut;  Wesley  Webb,  ir 
Delaware;  H.  E.  Summers,  Iowa;  J.  B.  S.  Norton,  T.  B.  Symons,  Maryland ; es 
F.  C.  Washburn,  Minnesota;  C.  M.  Weed,  New  Hampshire;  J.  B.  Smith,  New:: 
Jersey ; E.  P.  Felt,  G.  A.  Atwood,  New  York ; A.  F.  Burgess,  Ohio ; H.  A.  Sur-  ce 
face,  E.  B.  Engel,  Pennsylvania;  W.  B.  Alwood,  Virginia;  W.  E.  Rumsey,  F.  C.  or 
Johnson,  West  Virginia. 

The  United  States  Department  of  Agriculture  was  also  represented  by  Messrs,  ife 
Scott,  Hopkins,  Wilcox,  Piper,  Marlatt,  and  Kotinsky,  and  W.  G.  Johnson,  of  a 
the  American  Agriculturist,  was  also  present. 

The  time  for  further  meetings  was  set  at  9 a.  m.  and  2 p.  m.,  when  not  con-  • 
flicting  with  the  meetings  of  the  Association  of  Agricultural  Colleges  andar 
Experiment  Stations,  until  the  business  of  the  association  was  completed. 

The  report  of  the  previously  appointed  committee  on  legislation  was  given  m 
by  Doctor  Smith.  The  committee  made  no  formal  report,  but  reported  progress.  I 
The  questions  announced  on  the  programme  were  taken  up  for  discussion,  as  e 
follows : 

Question  1 — “ What  provisions  in  our  inspection  law  will  be  likely  to  prov(  it 
unconstitutional  if  attacked?” 

The  question  was  discussed  by  Messrs.  Atwood,  Scott,  Norton,  Rumsey,  Bur 
gess,  Washburn,  and  Alwood,  and  Doctor  Alwood  was  appointed  to  draft  resolu  j 
tions  on  the  question  discussed. 

The  subjects  of  fumigation,  license,  destruction  of  property,  and  discrimina 
tion  against  parties  in  other  States  were  taken  up  and  discussed. 

Adjournment. 

The  next  session  was  held  at  2 p.  m.,  Tuesday.  The  following  resolution; 
were  reported  by  Doctor  Alwood,  and  were  adopted : 

“Resolved,  That  it  is  the  opinion  of  the  American  Association  of  Horticul 
tural  Inspectors  that  no  State  law  should  contain  any  provision  which  in  an? 
way  discriminates  against  nurserymen  of  other  States. 

“Resolved,  further,  That  no  State  should  make  fumigation  or  other  treat 
ment  of  nursery  stock  a condition  precedent  to  its  admission  into  that  State 
but  that  a requirement  that  no  stock  shall  be  distributed  within  the  State  unti 
it  has  been  fumigated  or  otherwise  treated  is  just  and  proper  whenever  a simila 
requirement  is  made  of  local  nurserymen.” 

Question  2 on  the  programme— ” The  attitude  of  nurserymen’s  association 
toward  inspection  laws  ” — was  taken  up  for  discussion.  The  reports  of  th 
National  Nurserymen’s  committee  on  the  subject  were  read  as  published  in  th» 
National  Nurseryman. 

The  subject  was  discussed  by  Messrs.  Smith,  Alwood,  Scott,  Atwood,  Nortor 
and  Burgess. 

The  discussion  showed  a general  tendency  of  nurserymen  and  inspectors  t 
cooperate  in  the  suppression  of  insect  pests  and  plant  diseases,  although  som 
friction  frequently  arises. 


THIRD  ANNUAL  MEETING. 


215 


The  question  of  the  part  which  is  taken  by  professional  scientists  in  connec- 
Dn  with  the  enforcement  of  inspection  laws  was  discussed,  and  the  following 
solution  adopted : 

“ Resolved , That  in  the  opinion  of  the  American  Association  of  Horticultural 
ispectors  the  specialists  employed  under  the  crop-pest  laws  of  the  several 
:ates  ought  not  to  be  required  to  attend  to  the  details  of  prosecution,  either 
vil  or  criminal,  which  may  arise  through  violation  of  these  laws.” 

The  third  question — “ To  what  protection  is  a nurseryman  entitled  as  against 
ale  infested  surroundings?” — was  discussed  by  Messrs.  Symons,  Alwood, 
nith,  Britton,  Weed,  Norton,  Scott,  Wilcox,  Summers,  and  Piper. 

The  trend  of  the  discussion  was  that  it  is  hardly  feasible  to  attempt  to  keep 
irsery  stock  free  from  scale  with  infested  surroundings,  but  that  the  authori- 
as  in  charge  of  the  suppression  of  these  insects  should  protect  the  nurserymen 
> much  as  possible  against  infested  surroundings,  and  in  some  States  the  prac- 
ae  has  been  to  commence  cleaning  up  infested  orchards  and  premises  around 
irseries.  It  was  thought  that  while  it  is  necessary  that  nursery  premises 
lould  be  kept  more  clean  than  others  the  nurserymen  deserve  protection  from 
festation  from  adjoining  premises. 

Adjournment. 

The  next  session  met  at  9.15  a.  m.,  Wednesday. 

Question  4 — “ What  is  the  status  of  fumigation  in  justifying  the  sale  of 
irsery  stock  exposed  to  infestation?” — was  discussed  by  Messrs.  Engel,  Brit- 
n,  Mackintosh,  Norton,  Webb,  Summers,  Smith,  Atwood,  Burgess,  Surface, 
umsey,  Johnson,  Symons,  Weed,  and  Felt. 

It  was  the  expression  of  the  members  that  fumigation  was  the  best  safeguard 
e now  have  against  infestation,  but  many  thought  an  inspection  by  which 
sibly  infested  trees  would  be  thrown  out  was  advisable,  since  fumigation  can 
>t  always  be  made  absolutely  effective.  Special  care  should  be  taken  that 
te  materials  used  in  fumigation  are  of  the  proper  strength,  and  if  possible 
tey  should  be  used  under  the  supervision  of  competent  authority. 

The  question  of  the  effectiveness  of  fumigation  against  woolly  aphis  was 
scussed,  with  the  decision  that  it  was  a perfect  safeguard  except  against 
ie  eggs  of  this  insect,  which  are  not  killed  by  it. 

The  question  of  what  should  be  done  in  infested  orchards  was  discussed, 
lowing  a wide  range  of  recent  experience  in  the  East  with  the  lime  and  sulphur 
ash  which  is  now  being  much  recommended  as  the  most  effective  treatment  for 
ale  in  orchards  in  the  East. 

The  effectiveness  of  this  treatment  against  the  leaf  curl  and  other  fungus 
r seases  was  brought  out. 

A motion  was  carried  to  continue  the  organization  under  the  following  offi- 
; >rs : S.  A.  Forbes,  chairman ; John  B.  Smith,  vice-chairman,  and  J.  B.  S.  Norton, 
;|icretary. 
il  Adjournment. 

r The  next  session  was  held  at  4 p.  m.  Various  questions  concerning  San  Jose 
ale,  and  the  use  of  the  lime  and  sulphur  wash  were  discussed  by  Messrs.  Wasli- 
sirn,  Weed,  Surface,  Scott,  Piper,  Smith,  Summers,  Felt,  and  Alwood. 
e A motion  was  carried  that  the  association  advise  the  use  of  the  formula  1-2-4 
e fumigating  with  hydrocyanic-acid  gas. 

The  following  resolutions  were  adopted : 

Qi  “ Whereas  during  recent  years  the  dissemination  of  certain  species  of  insects 
id  fungi  on  nursery  stock  has  resulted  in  the  rapid  spread  of  injurious  insect 
to  ists  and  plant  diseases  ; and 

U “ Whereas  many  of  the  States  of  the  United  States  and  the  Dominion  of 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


216 

Canada  have  now  passed  laws  designed  to  protect  purchasers  of  nursery  stocl  I 
from  injury  and  loss  by  reason  of  infested  or  diseased  nursery  plants;  and  f 
“Whereas  the  enforcement  of  these  laws  has  been  in  some  instances  con 
sidered  hurtful  to  the  interests  of  nurserymen  and  has  led  to  some  antagonism  * 
Therefore, 

“ Be  it  resolved  hy  the  American  Association  of  Horticultural  Inspectors  , 
That  while  they  consider  that  the  enforcement  of  reasonable  crop  pest  laws  i \; 
imperatively  needed,  both  for  the  protection  of  the  nurserymen  and  the  frui  \ 
growers,  they  also  believe  that  it  is  now  possible,  in  \iew  of  the  large  experi 
ence  and  data  at  our  command,  so  to  frame  the  inspection  laws  and  regulation  4 
for  their  execution  as  to  protect  the  interests  of  both  the  nurserymen  and  th 

fruit  growers;  Therefore,  1 

“ Be  it  further  resolved,  That  we  invite  such  conference  with  the  officu 
nurserymen’s  associations  as  will  lead  to  better  relations,  and  so  far  as  practh  b 
able  to  uniformity  of  practice  on  the  part  of  the  official  inspectors.” 

Mr.  Kotinsky,  of  the  Division  of  Entomology,  presented  a review  of 
Russian  paper  on  the  inoculation  of  trees  for  the  prevention  of  attacks  b 8 
insects  and  other  fungi. 

Adjournment  sine  die. 


Fourth  Annual  Meeting.® 

The  association  met  with  the  Association  of  Agricultural  Colleges  and  Expei 
ment  Stations  at  the  Shoreham,  Washington,  D.  C.,  November  14-16,  1905. 

The  meeting  was  attended  by  33  persons,  22  States  and  the  District  of  Colui 
bia  being  represented.  Those  present  were : 

R.  S.  Woglum,  Raleigh,  N.  C. ; S.  A.  Forbes,  Urbana,  111.;  H.  E.  Summer 
Ames,  Iowa;  Wesley  Webb,  Dover,  Del.;  W.  E.  Rumsey,  Morgantown,  W.  Va 
Wilmon  Newell,  Shreveport,  La. ; J.  B.  S.  Norton,  College  Park,  Md. ; O.  E.  Sten 
Kingston  R.  I. ; L.  R.  Taft,  Agricultural  College,  Mich. ; E.  P.  Taylor,  Urban 
111  • George  G.  Atwood,  Albany,  N.  Y. ; L.  O.  Howard,  Washington,  D.  C 
P L Hulsted,  Blauvelt,  N.  Y. ; C.  P.  Gillette,  Fort  Collins,  Colo. ; J.  L.  Ph 
lips,  Blacksburg,  Ya. ; A.  L.  Quaintance,  E.  V.  Wilcox,  Washington,  D.  <3 
R.  I.  Smith,  Atlanta,  Ga. ; E.  P.  Sandsten,  Madison,  Wis. ; James  Trod 
Lafayette,  Ind. ; John  B.  Smith,  New  Brunswick,  N.  J. ; R.  W.  BrauchJ 
Neoga,  111. ; Fred  E.  Brooks,  F.  C.  Johnson,  Morgantown,  W.  Va. ; Gordon  1 
Bentley,  Knoxville,  Tenn. ; E.  D.  Sanderson,  Durham,  N.  H. ; A.  F.  Burge*, 
Columbus,  Ohio;  A.  B.  Gahan,  College  Park,  Md. ; C.  L.  Marlatt,  Washingtcj* 
D.  C. ; Charles  E.  Chambliss,  Clemson  College,  S.  C. ; H.  A.  Surface,  Harrisbutj 
Pa. ; T.  B.  Symons,  College  Park,  Md. ; R.  S.  Mackintosh,  Auburn,  Ala. 

The  meeting  was  called  to  order  at  10.20  a.  m.,  Tuesday,  by  Chairman  ForhfJ 

The  minutes  of  the  previous  meeting  were  read  by  the  chairman  and  jH 
proved. 

On  motion  representatives  of  the  National  Nurserymen’s  Association  wd 
allowed  access  to  the  meetings  and  all  discussions  of  general  interest. 

Mr.  Albertson,  president  of  the  American  Association  of  Nurserymen, 
sponded  in  a few  words  and,  thanking  the  association,  asked  for  a hearing  latJ 

The  topics  announced  for  discussion  were  taken  up. 

The  first  discussion  was  on  uniformity  in  nursery  inspection  laws  and  requii- 


ments  concerning  fumigation. 

The  discussion  resulted  in  the  adoption  of  the  following  resolution : 


« No  meeting  of  the  association  was  held  in  1904. 


FOURTH  ANNUAL  MEETING. 


217 


“ Resolved,  That  it  is  the  sense  of  those  present  that  all  nursery  stock  be 
fumigated  before  being  planted.” 

An  amendment  to  except  regions  where  San  Jose  scale  is  believed  to  be 
absent  was  lost. 

After  adjournment  the  association  met  at  4 p.  m.  and  took  up  the  discussion 
of  the  license  system  for  nurserymen.  The  discussions  were  participated  in  by 
Mr.  Albertson  and  Col.  C.  L.  Watrous,  representing  the  American  Association  of 
Nurserymen.  The  following  resolutions  were  adopted : 

“ Resolved,  That  the  former  action  of  this  association,  that  nurserymen 
should  not  be  required  to  pay  the  ordinary  expenses  of  inspection,  be  reaffirmed. 

“ Resolved,  That  it  is  the  sense  of  those  present  that  it  is  unjust  for  the 
authorities  of  any  State  to  charge  a license  fee  of  nonresident  nurserymen. 

“ Resolved,  That  it  is  the  sense  of  those  present  that  it  is  undesirable  to  estab- 
lish a license  system  for  resident  nurserymen  of  a State.” 

The  tag  system  for  outside  nurserymen  as  required  by  some  States  was  dis- 
cussed— in  particular,  the  hardships  to  nurserymen  from  lack  of  uniformity  in 
the  same — and  a committee,  consisting  of  Messrs.  Taft,  R.  I.  Smith,  Sanderson, 
Burgess,  and  Mackintosh,  was  appointed  to  consider  the  question  of  uniformity 
of  tags  and  report  at  this  meeting. 

The  question  was  asked  in  sending  out  duplicate  certificates  as  required  by 
some  States  whether  the  inspecting  officer  furnish  them  or  the  nurserymen. 
Discussion  showed  that  both  systems  were  used  in  different  States. 

After  adjournment  the  association  met  again  at  7.30  p.  m. 

The  distribution  of  San  Jose  scale  in  the  nurseries  and  orchards  was  dis- 
cussed for  the  respective  States  by  the  various  representatives  present,  each 
giving  an  account  of  his  methods  of  inspection  and  granting  certificates  and 
procedure  in  case  infestation  is  found. 

After  adjournment,  met  again  at  9 a.  in.,  Wednesday. 

A motion  was  carried  to  proceed  to  election  of  officers  at  the  opening  of  the 
afternoon  session. 

The  secretary  was  directed  to  have  published  all  formal  action  taken  at  this 
meeting  in  the  National  Nurseryman  and  send  abstracts  to  the  members  of 
the  association. 

The  committee  on  uniform  tags  gave  its  report,  and  on  motion  the  discussion 
was  made  the  second  order  for  the  afternoon  session. 

The  question  of  recent  additions  to  our  knowledge  of  insecticide  measures 
' against  the  San  Jose  scale  was  discussed.  The  general  opinion  was  that  the 
5 lime-sulphur  wash  is  the  cheapest  and  best,  though  some  had  good  results  with 
> recent  patent  compounds. 

[ The  time  for  nursery  inspection  was  discussed,  and  showed  considerable 
variation.  No  new  action  was  taken  on  this  subject, 
e A committee  of  three  was  appointed  to  design  a form  for  a uniform  certifi- 
i cate  and  to  prepare  a list  of  pests  to  be  considered  in  nursery  inspection  and 
report  at  the  afternoon  session. 

?|  After  discussion  of  what  constitutes  a nursery  the  following  resolution  was 
adopted : 

“ Resolved , That  a nursery,  in  the  inspector’s  sense,  is  a place  where  hardy 
e fruit  and  ornamental  trees,  vines,  shrubs,  or  plants  are  grown  for  sale  or  dis- 
tribution.” 

if  The  attitude  of  commercial  fruit  growers  toward  inspection  work  for  control 
of  San  Jose  scale  was  discussed,  and  showed  much  interest  toward  keeping 
down  the  pest  and  preventing  its  introduction,  but  no  alarm  in  regions  where 
' the  scale  has  long  been  introduced  and  methods  of  control  have  it  well  in  hand. 


218 


MEETINGS  OF  HORTICULTURAL  INSPECTORS. 


Information  from  various  person's  present  showed  that  orchard  inspection  is  * 
carried  on  in  six  States. 

On  inquiry  it  did  not  develop  that  the  scale  has  had  much  influence  on  prun- 

ing  methods.  . 

A paper  by  Prof.  H.  T.  Fernald  on  “ Inspection  for  gypsy  and  brown-tail 

moths  ” was  read  by  the  secretary. 

Adjournment  to  1.30  p.  m. 

On  reassembling  the  election  of  officers  resulted  in  the  following : S.  A. 
Forbes,  chairman;  John  B.  Smith,  vice-chairman;  A.  F.  Burgess,  secretary. 

The  report  of  the  committee  on  uniform  tags  was  taken  up  and  adopted,  as 
follows : 

“ Resolved , That  a committee  of  three  be  elected  by  ballot  by  this  association 
to  have  charge  of  the  issuing  of  one  tag  good  to  admit  nursery  stock  into  all 
States  requiring  tags.  Said  committee  to  elect  a secretary,  who  shall  secure  a 
statement  from  the  official  inspectors  of  the  State  of  each  nursery  wishing  to 
do  interstate  business  as  to  the  exact  conditions  of  the  said  nursery,  and,  if  sat- 
isfactory, to  issue  the  nurserymen  the  official  tags  of  the  committee  at  such  cost 
as  the  committee  may  decide.  In  case  the  conditions  of  such  nursery  are  such 
as  to  make  allowing  his  interstate  business  doubtful  the  statement  of  the  con- 
dition must  be  submitted  to  all  members  of  the  committee.  The  committee 
also  recommends  that  a designated  color  of  tags  or  certificates  be  used  by  this 
committee,  and  a separate  color  by  all  State  inspectors  for  all  other  shipments 
of  nursery  stock  not  using  interstate  tags  for  each  shipping  year.  And  we 
recommend  the  adoption  of  this  measure  by  all  boards  of  control  or  States 
involved.” 

The  specified  committee  was  then  elected  by  ballot,  those  receiving  the 
highest  number  of  votes  being  chosen,  viz : S.  A.  Forbes,  L.  R.  Taft,  and  A.  F. 
Burgess. 

Professor  Taft  having  resigned,  R.  I.  Smith  was  elected  in  his  place  on  the 
committee. 

On  motion,  the  association  voted  to  adjourn  at  the  end  of  the  Thursday 


morning  session. 

The  following  resolution  was  adopted,  with  instructions  that  the  Secretary 


appoint  the  secretary  and  two  others  as  the  stated  committee : 

“ Resolved , That  the  American  Association  of  Horticultural  Inspectorsjt 
through  its  secretary,  respectfully  requests  the  honorable  Secretary  of  Agri 
culture  that  a revision  of  Bulletin  No.  13,  New  Series  nf  Entnmnlosrv. 


be  published,  giving  brief  explicit  directions  to  nurserymen  as  to  the  method  of 
compliance  with  the  laws  or  regulations  of  each  State,  and  the  regulations  oil 
States  in  addition  to  their  laws,  and  that  the  previous  and  present  proceedings! 
of  this  association  be  published  in  this  bulletin,  the  same  to  be  edited  by  i| 
committee  of  this  association  and  published  under  the  supervision  of  the  Chie| 


of  the  Bureau  of  Entomology.” 

After  discussion  of  crown  gall  the  following  resolution  was  adopted . 

“ Resolved , That  it  is  the  sense  of  those  present  that  in  the  present  state  o 
our  knowledge  regarding  crown  gall  it  is  advisable  that  all  nursery  trees  am 
plants  showing  evidence  of  this  disease  at  digging  time  should  be  destroyed. 
The  treatment  for  woolly  aphis  in  the  nursery  was  discussed.  Most  inspect; 


ors  require  them  to  be  thrown  out ; some  practice  dipping. 

The  following  resolution  was  adopted : 

“ Resolved , That  the  American  Association  of  Horticultural  Inspectors  urge 
ample  appropriations  by  Congress  to  control  the  spread  of  the  gypsy  moth ; am, 
“ Resolved , That  this  be  communicated  to  the  honorable  Secretary  of  Agri 


FOURTH  ANNUAL  MEETING. 


219 


ulture  and  to  the  chairmen  of  the  Committees  of  Agriculture  of  the  House  of 
tepresentatives  and  Senate  of  the  United  States  by  the  secretary  of  this  asso- 
iation ; and 

“ Resolved , That  a committee  of  this  association  be  appointed,  which  shall 
ooperate  in  drafting  and  aid  in  every  way  possible  the  passage  of  such  legis- 
ation,  and  report  at  the  next  meeting  of  this  association.” 

After  which,  adjournment  was  taken  to  9 a.  in.,  Thursday. 

On  Thursday  morning,  after  discussion,  the  report  of  the  committee  on  uni- 
orm  certificate  was  adopted,  as  follows : 

“ Resolved , That  the  following  form  shall  be  the  uniform  certificate  for  adop- 
ion : 

“ ‘ This  is  to  certify  that,  in  accordance  with  chapter  , the  nursery  stock 

or  sale  by , of  , has  been  inspected  by  a duly  authorized 

nspector  and  has  been  found  apparently  free  from  dangerously  injurious 
nsects  and  plant  diseases.” 

“ ‘ Invalid  after  July  1,  190 — .’  ” 

On  motion,  the  committee  was  continued  to  prepare  a uniform  list  of  pests. 

Professor  Forbes  reported,  for  the  recently  elected  tag  committee,  the  great 
fifficulties  of  putting  into  practice  the  required  duties  of  the  committee. 

The  following  resolutions  were  adopted,  after  which  the  association  ad- 
ourned : 

“ Resolved  by  the  American  Association  of  Horticultural  Inspectors,  That 
whereas  a committee  of  the  American  Association  of  Nurserymen  has  at  this 
aeeting  requested  that  a delegation  from  this  association  be  instructed  to  attend 
he  annual  meeting  of  the  said  Nurserymen’s  Association,  at  Dallas,  Tex.,  June 
3-15,  1906,  to  consider  matters  of  vital  common  interest  relative  to  the  regu- 
ations  concerning  the  control  of  nursery  stock,  the  appointment  of  Professor 
Newell,  of  Louisiana ; Professor  Smith,  of  Georgia,  and  Professor  Mackintosh, 
•f  Alabama,  be  made  to  form  such  a delegation,  and  that  the  proper  boards  in 
heir  respective  States  be  informed  of  this  action,  with  the  recommendation  that 
provision  be  made  by  them  for  the  expense  incident  in  attending  the  aforesaid 
joeeting. 

i “ Resolved,  That  the  time  and  place  of  our  next  meeting  be  left  to  the  officers 
if  this  association.” 


■ 


INDEX. 


Page. 

L leyrodes  citri  ( see  also  White  fly) 145 

inthonomus  grandis  ( see  also  Boll  weevil) 35,58,117,139,145 

Lnthracnose  203 

Lphis,  black  peach 211 

woolly  (see  also  Schizoneura  lanigera) 88, 


157,  203,  204,  210,  211,  212,  215,  218 


Arsenic 120-121 

ispidiotus  ancylus 210 

forbesi  ( see  also  Scale,  cherry) 210 

ostreceformis  211 

permiciosus  ( see  also  Scale,  San  Jose) 11-12, 


35,  58, 117, 134, 139,  145, 157, 178 


4 ulacaspis  pentagona  (see  also  Diaspis  pentagona  and  Diaspis  amygdali)  _ 139 

Bat,  fruit-eating.  (See  Pteropus  and  Flying  fox.) 

Bees,  protection  against  sprays 24,  89 

Black  brood.  (See  Foul  brood.) 

knot  (see  also  Plowriglitia  morbosa ) 73-74, 


88,  101, 110,  111,  126, 141, 145, 157-158, 168,  203,  210,  211 
Blight,  fire.  (See  Blight,  pear;  also  Micrococcus  amylovorus.) 

pear  (see  also  Micrococcus  amylovorus ) 


27,  62,  65,  73-74,  151,  152,  153,  211 


Boll  weevil  (see  also  Anthonomus  grandis ) 9,34-35, 

38-39,  55-60,  78-80, 108-109,  118-119,  128,  134, 139,  140-141 

Brown-tail  moth  61,67-70,211,218 

Jankerworm  71,  73-74 

Cherry  scale.  (See  Scale,  cherry.) 

Ghionaspis  furfurus  (see  also  Scale,  scurfy) 210 

Codlin  (codling)  moth 18,90-91,99 

Cotton  boll  weevil.  (See  Boll  weevil  and  Anthonomus  grandis.) 

Crab,  land  43 

Crown  gall  (see  also  Dendropliagus  globosus  and  Root  gall) 88, 


126, 134,  139, 141, 145, 151,  152,  153, 157,  205,  210,  211,  212,  218 

Dendrophagus  globosus  (see  also  Crown  gall  and  Root  gall) 12,35,117,178 

Diaspis  amygdali  (see  also  Diaspis  pentagona  and  Aulacaspis  penta- 
gona)   11-12,117 

pentagona  (see  also  Diaspis  amygdali  and  Aulacaspis  penta- 
gona)   35,145,211 

pyricola  210 

Fire  blight.  (See  Blight,  pear;  also  Micrococcus  amylovorus.) 

Flying  fox  (see  also  Pteropus)  21,123 

Fruit-eating  bat.  (See  Pteropus.) 

Fruit  flies  42 

Foul  brood  184-200 

Grasshopper  77-79, 109 

Gypsy  moth  61,67-70,211,218 

Hydrocyanic-acid  gas® 207,215 

Kerosene  emulsion  152,  204 

Land  crab.  (See  Crab,  land.) 


0 Also  mentioned  on  many  pages  of  this  bulletin  in  various  State  laws  relating 

to  fumigation. 


22 1 


222 


INDEX. 


Pag' 

Leaf  curl 21 

Lime-sulphur  wash 152,214,215,21 

London  purple 120-12 

Micrococcus  amylovorus  ( see  also  Blight,  pear) 15 

Mongoose  2 

Mytilaspis  citricola  _ 14 

pomorum  ( see  also  Scale,  oyster-shell) 17 

Oils,  insecticide  20 

petroleum 21 

Oyster-shell  bark  louse.  (See  Mytilaspis  pomorum  and  Scale,  oyster- 
shell.) 

scale.  ( See  Scale,  oyster-shell;  also  Mytilaspis  pomorum,) 

Paris  green 21-22, 120-12 

Peach  and  plum  rosette.  (See  Rosette.) 

aphis,  black.  (See  Aphis,  black  peach.) 

little 73-74,  10 

rosette.  (See  Rosette.) 

tree  borer 11 

yellows.  (See  Yellows.) 

Pear  blight.  (See  Blight,  pear;  also  Micrococcus  amylovorus.) 

Plum  and  peach  rosette.  (See  Rosette.) 

Plowrightia  morbosa  (see  also  Black  knot) 12,35,117,134,139,157,17 

Pteropus  (see  also  Flying  fox) 4 

Purple  scale.  ( See  M ytilaspis  citricola. ) 

Rabbits,  English  or  Australian 21, 12 

Root  gall.  (See  Crown  gall  and  Dendrophagus  globosus.) 

knot 88,  21 

Rosette 12, 1 c 

21,  35,  46,  50-51,  54,  73-74,  81,  117, 122, 134, 139,  145, 151, 153,  203,  21 
Russian  thistle.  (See  Salsoli  kali,  var.  tragus.) 

Salsoli  kali,  var.  tragus 1 

Salt  wort.  ( See  Salsoli  kali,  var.  tragus. ) 

San  Jose  scale.  (See  Scale,  San  Jose;  also  Aspidiotus  perniciosus.) 

“ Scale  bug  ” 90-91,  9 

Scale,  cherry  (see  also  Aspidiotus  forbesi) 21: 

new  peach.  (See  Diaspis  amygdali , Diaspis  pentagona,  and  Aula- 
caspis  pentagona.) 

oyster-shell  (see  also  Mytilaspis  pomorum) 203,211,21! 

purple.  (See  Mytilaspis  citricola.) 


San  Jose  (see  also  Aspidiotus  perniciosus)-  13,25,27,47^19,49-51,51-52 
53-54,  58-60,  61,  62,  65,  71-74,  81,  88,  101,  103,  105,  106,  107,  110,  111 
114,  126-128,  133-134,  141,  143-144,  145,  147,  152,  157,  158,  159,  160,  16£ 
171-173,  177,  178,  201,  203,  204,  205,  206,  207,  210,  211,  212,  213-214,  211 

scurfy  (see  also  Ghionaspis  furfurus) 203,205,211,21: 

Schizoneura  lanigera  (see  also  Aphis,  woolly) 12,  35, 117, 134, 139, 145, 157, 17 

Scurfy  scale.  (See  Scale,  scurfy;  also  Ghionaspis  furfurus.) 

Soaps,  insecticide 208,  21- 

Sulphur  120-12 

White  fly  (see  also  Aleyrodes  citri) 21! 

Woolly  aphis.  (See  Aphis,  woolly;  also  Schizoneura  lanigera.) 

Yellows—  12,  13,  21,  27,  35,  46,  50-51,  54,  62,  65,  71,  73-74,  81,  101,  110,  111,  111 
117,  122,  126,  134,  139.  141,  145,  151,  153,  157-158,  168,  203,  210,  21 : 


o 


UNIVERSITY  OF  ILLINOIS-URBANA 

630UN3ENN.S.  C003 

BULLETIN.  N.S.  WASHINGTON 
61-66  1906/07 


2 017670974 


